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HomeMy WebLinkAbout2003-08-05 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF AUGUST 5, 2003 MINUTES Board Members Present: Frederick Costlow, Vice Chairman David Clark Bob Guerette John Hanson Ryan King Bill Masters Hal Wheeler City Staff Present: Katherine Weber John Hamer Jim Ring Peter Witham David Gould Lynn Johnson News Media Present: The Weekly Express Vice Chairman Costlow called the meeting to order at 7:02 p.m. In the absence of Chairman Fournier, the Associate Members were asked to alternate voting beginning with Mr. King, followed by Mr. Hanson and Mr. Masters. CONSENT AGENDA As no one wished to remove any of the items for discussion, Vice Chairman Costlow asked for a motion. Mr. Guerette moved to approve the Consent Agenda. Mr. Wheeler seconded the motion. The motion passed unanimously. The items approved are as follows: 2 Item No. 1: Final Subdivision Plan approval of a 3-lot subdivision located at 1024 Essex Street in a Low Density Residential District. Thomas and Tammy Higgins, applicants. Item No. 2: Site Development Plan approval to construct a 280-square foot masonry building for a new emergency generator located at 19 Maine Avenue in an Industry and Service District. Bangor Savings Bank, applicant. PUBLIC HEARINGS Item No. 3: Preliminary Subdivision Plan approval of a 63-lot subdivision located at 780 Mt. Hope Avenue in a Low Density Residential District. Hampden Home Builders, Inc., applicant. Vice Chairman Costlow opened the Public Hearing and asked for comments from the applicant. Mr. Fred Marshall, of Plymouth Engineering, represented the applicant, Hampden Home Builders, Inc. Mr. Marshall told the Board that both Tricia Quirk and Marie MacMillan, principles of Hampden Home Builders, Inc., were present to answer questions of the Board. Mr. Marshall indicated that the proposed subdivision plan comprised a land area of 40 acres out of a 145-acre parcel located on Mount Hope Avenue. Mr. Marshall discussed the layout of the proposed streets and lotting. He noted that in a Low Density Residential District, the minimum lot size is 12,000 square foot, and that the applicants are proposing lots of 15,000 square feet and larger in size. He indicated that each of the lots would be serviced by public water and sewer. Mr. Marshall discussed how the applicant proposes to handle storm water runoff. He indicated that there are three storm water ponds proposed within the subdivision. Mr. Marshall added that since there is less than 4,300 square feet of wetlands, a wetlands permit from DEP will not be required. Mr. Marshall indicated that the Site Location of Development Act Approval application would be before the Board at the same time as the Final Plan application. Mr. Marshall said that due to the size of this project, there were no plans for the remaining land at this time. Mr. Guerette asked how far this parcel was from Meadowbrook Stream, and how long the land had been owned by Hampden Home Builders. Mr. Marshall indicated that the distance between the developed lots and the Meadowbrook Stream is approximately 200 feet from the high point. He told the Board that the applicant had an option on this property since last summer, and had recently purchased it. Mr. Clark asked how far this parcel was from Mr. Hope Cemetery. Mr. Marshall indicated that I it was approximately 1000 feet from the new section of the cemetery. Mr. King had questions regarding the distance between this lot and Beth Israel Cemetery, whether the applicant was proposing sidewalks, and if open space areas were designated within the subdivision. 2 3 Mr. Marshall said that the Beth Israel Cemetery abuts this property, that there were no plans for sidewalks at this time, and that there were detention ponds proposed that would meet open space requirements. Mr. Masters said that he felt that the applicant should consider sidewalks from a safety standpoint since they were creating a nice neighborhood. Mr. King asked if the applicant was proposing additional buffering between this development and the Beth Israel Cemetery. Mr. Marshall indicated that they were not planning to add any more buffers than what was there at this time. Vice Chairman Costlow then asked for comments from opponents. Norman Minsky, representing Beth Israel Cemetery, indicated that while he was not taking a position on this application, it is a concern of the Beth Israel Cemetery that house lots abutting the cemetery are being proposed. Mr. Minsky noted that he had had a conversation with Stan MacMillan, a principle of Hampden Home Builders, regarding buffering between the properties. They had agreed to meet to discuss this issue in the near future. Mr. Minsky noted that if they came to an agreement, then the Congregation would be fine with the subdivision. Mr. Minsky also noted that the hedge row that exists now was planted by and is owned by the Cemetery. He said that he hoped to be able to work out a satisfactory solution between the parties. Mr. Phillip Gallant, a resident of 803 Mount Hope Avenue, indicated that he was not against the project but did have questions regarding the proposed construction. He asked if hours of operation could be limited. He noted that presently there is construction activity on this lot as a result of the sewer construction being done in this area. He told the Board that the present operation goes on early in the morning until late at night with some activity even being done on Sundays and Holidays. He said that because this activity is less than 20 feet from his property, it is extremely loud and disruptive as the trucks are sifting and separating materials. He asked that the hours of operation be taken into consideration. Mr. James Ring, City Engineer, said that this parcel had approval for a fill and grade operation, and he was not aware of the activity that Mr. Gallant had described. Mr. Ring noted that if Mr. Gallant experienced further problems, he should call him. Vice Chairman Costlow asked for comments from the Planning Officer. Planning Officer Weber indicated that the application of Hampden Home Builders, Inc. is for a 63-lot residential subdivision located at 780 Mount Hope Avenue in a Low Density Residential District. The Planning Staff recommended preliminary subdivision plan approval, as presented, but added that Staff would like to see as conditions to be addressed in the Final Plan the following: (1) that there be written documentation of a traffic study; (2) that stormwater management details be addressed to the satisfaction of the City Engineer and (3) that the applicant address the buffer issue between the zoning boundary areas of the General Commercial and Service District on one side of the development and the Government and Institutional Service District on the other side. 3 4 Mr. King asked if it would be more appropriate to resolve the buffer issue at the preliminary plan stage. Planning Officer Weber said that Staff is recommending that this issue be addressed in the Final Plan submission. Mr. Wheeler asked Mr. Minsky questions regarding future expansion of the Beth Israel Cemetery and what the visual impact of this development would have on the cemetery. Mr. Minsky replied that he thought that there were a considerable number of sites available, and the existing sites would be adequate for a long period of time. He noted that the new portion of the cemetery comprised an area of 27 acres. He did not think that there would be much development in this area for a while. Regarding the visual impact, Mr. Minsky said that he did not feel that the existing hedge row was sufficient in itself without some additional buffer. Mr. Guerette expressed his concern that additional buffering be added between this proposal and the abutting cemetery. Mr. Marshall indicated that the applicant was receptive and did not feel that this would be a significant issue. The applicant is willing to do some landscaping next to the cemetery property. He indicated that the applicant would be willing to photomontage what the proposed plantings would look like. Mr. Clark said that he was pleased when there are new housing projects proposed, however, he was concerned about buffering the subdivision from the existing cemeteries. Mr. King agreed, and added that, “cemeteries are a beginning, not an end.” He told the Board that Mount Hope Cemetery is the second oldest landscape cemetery in the country. Mr. King said that he would have been more comfortable if an agreement regarding buffering had been worked out at the preliminary plan stage. He emphasized that he wants to make sure that this subdivision is a friendly neighbor to the cemeteries. Mr. Costlow expressed concern that many developments in this area over time will overload the capacity of the Penjajawoc Stream. There being no further comments, Vice Chairman Costlow asked for a motion. Mr. Hanson moved to approve the Preliminary Subdivision Plan for 780 Mount Hope Avenue, Hampden Home Builders. Mr. Clark seconded the motion. The Board voted four in favor and one opposed. Mr. Hanson said that he was not concerned about the cemetery as the developer has more work to be done. He did suggest that the consider adding sidewalks since he felt that they would add a great deal of value to such a neighborhood. Item No. 4: Conditional Use approval to construct a roadway in the Resource Protection District located off of Church Road. Lavallee & Ide, Inc., applicant. The Public Hearing was opened by Vice Chairman Costlow, who asked for comments from the applicant. Mr. Andy Sturgeon, Ames A/E, represented the applicant. He asked if it 4 5 would be possible to discuss both Item No. 4 and Item No. 5 together because they are for the same proposal. Planning Officer Weber indicated that the Board could consider both applications at the same time but needed to vote on the applications separately. Mr. Sturgeon explained that the applicant is requesting Conditional Use approve to construct a roadway in the Resource Protection District. The proposed roadway is within the 75’ buffer of the Resource Protection District. Mr. Sturgeon explained that in order to construct this roadway, the applicant had two options. One option was to request conditional use approval to construct the roadway within the 75’ buffer required in the Resource Protection District, and the other option was to request a zone change. Mr. Sturgeon indicated that the applicant, Lavallee & Ide, Inc., is proposing a 14-lot subdivision and construction of a 1,500-foot roadway on 35 acres with 2.09 acres being reserved for open space. The proposal was presented to the neighbors recently at a meeting at Kay Redmond’s home. The major concern at that meeting was that the road not be too close to the intersection. The Board discussed with Mr. Sturgeon the location of the road and minimizing the area of the roadway within the Resource Protection area, the present speed limit along Church Road and sight distances, and if any alternatives for the roadway location were explored. Mr. James Ring, City Engineer, indicated that speed limits are established by State guidelines that are based on density and spacing of driveways. Mr. Sturgeon indicated that they had looked at other alternatives, and it was determined that the proposed location was the best. Mr. Sturgeon also added that he felt that if this area were accurately mapped for wetlands, it would not be located within the Resource Protection area. The applicant is seeking conditional use approval because the zone change process would take a considerable amount of time and the applicant would not be able to construct the roadway until next Spring. Vice Chairman Costlow then asked for comments from opponents. Mr. Paul G. Askins indicated that he is neither for nor against the project but said that he would like to make several comments. He said that because there is a dangerous curve in this area, there are a number of accidents every winter. He was more concerned about the three lots with frontage along Church Road in light of people exiting their driveways and being hit. He also noted that the proposed roadway falls within two wetlands, and inquired how far away from the wetlands do the wells and septic systems have to be. He also asked if there are figures on how many children using the public schools would reside in this subdivision. Mr. Sturgeon indicated that driveway locations can be limited on the final plan, and that a well needs to be 100 feet from a wetland. Ms. Kay Redmond, a neighboring property owner, had concerns about a rezoning of this area. Mr. Sturgeon told her that any zone change would only be to reclassify the resource protection area. Mr. Scott Johnson, an abutting property owner, indicated that he was not opposed to the subdivision, but was concerned about any future rezoning of the wetland area; and asked that he be kept informed of the situation. 5 6 As there were no other opponents, Vice Chairman Costlow indicated that he was closing both Public Hearings, and would ask for Staff comments. Planning Officer Weber indicated that the application for the conditional use is to construct a portion of the roadway in the Resource Protection area as proposed in the applicant’s Preliminary Plan (Item No. 5, below). She went on to explain that the conditional use would allow, under the Ordinance, for the roadway to cross the 75’ buffer area around the Resource Protection Zone. She indicated that the Planning Board needed to determine that the request meets the standard conditions, as well as, the conditions of the Resource Protection District for granting the conditional use. Planning Officer Weber indicated that the applicant has argued the “reasonableness test” and that the road is not crossing the actual wetland, but rather is crossing the 75’ buffer around the wetland. The Planning Staff recommended conditional use approval since Staff felt that this is the best location for roadway in terms of the traffic issues. Mr. Masters asked if the Planning Office would consider the zone change. Planning Officer indicated that the Staff’s concern is the area listed as Resource Protection on the City’s zoning map, and the fact that this does not meet the standards for Resource Protection, i.e., a wetland of 10 acres or more of non-forested wetlands. If it is not a wetland protected under State Statue, Staff would certainly want to go back and look at the boundaries of the Resource Protection District, as indicated on the City maps. This process would involve an in-depth wetland survey to delineate wetlands, discussion with the Maine Department of Environmental Protection to get the State’s opinion on the actual boundary of the wetlands, and an accurate reflection of the boundary of the wetlands on the City’s Maps. The Board discussed concerns regarding the wetland area and any possible rezoning, the frequency of accidents in this area, the existing speed limit, and sight distances. Mr. Ring indicated that the appropriate speed in an area is determined by the density of development. He said that the City can petition for review of the speed limit but that there are no assurances that they would be changed. Vice Chairman Costlow then asked for a motion. Mr. Wheeler moved to approve the Conditional Use for the purpose of constructing a roadway in the Resource Protection area as part of the proposed subdivision on Church Road for Lavallee and Ide. Mr. Guerette seconded the motion. The motion passed by a vote of five in favor and none opposed. Item No. 5: Preliminary Subdivision Plan approval of a 14-lot subdivision located off of Church Road in Rural Residence and Agriculture and Resource Protection Districts. Lavallee & Ide, Inc., applicant. Since the Public Hearing had been opened and closed, and testimony for this item was taken while considering Item No. 4, Vice Chairman Costlow then asked for comments from Staff. Planning Officer Weber indicated that this proposal was for a 14-lot subdivision off of Church Road. Ms. Weber pointed out that the Planning Board’s ability to consider the 6 7 Preliminary Plan was premised on its vote under Item No. 4, above, for the Conditional Use approval for the road crossing. Ms. Weber explained that the applicant was proposing individual septic systems and wells for all lots, and that the applicant had provided evidence of on-site soils suitability for the waste disposal systems. The Engineering Office has reviewed the details of the roadway and the stormwater analysis. The Planning Staff has reviewed the application for consistency with the requirements for the Preliminary Plan submittal, and recommends approval. Mr. Guerette moved to grant Preliminary Plan approval for a 14-lot subdivision located off of Church Road for Lavallee & Ide, Inc., applicant. Mr. Wheeler seconded the motion. The Board voted five in favor and none opposed to the motion to approve the Preliminary Subdivision Plan. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. th Planning Officer Weber noted that the Minutes of the July 1st and July 15 meetings needed Planning Board Approval. Mr. Hanson moved to approve the Minutes of the July 1, 2003 meeting. The motion was seconded, and the Minutes were approved unanimously. th Mr. Guerette then moved to approve the Minutes of the July 15 meeting. Mr. Costlow indicated that he would not be voting as he was not present at that meeting. Mr. Clark seconded the motion to approve. The Board voted 5 in favor and 0 opposed to approve the Minutes of the July 15, 2003 meeting. NEW BUSINESS Item No. 7: Site Development Plan approval to fill and grade property located at 208 Kittredge Road in a Rural Residence and Agriculture District. Sargent & Sargent, applicant. Planning Officer Weber told the Board that Staff recommended that this item be continued because there was additional information that needed to be submitted by the applicant. Mr. Hanson moved to continue this item. Mr. Clark seconded the motion. The Board voted 5 to 0 in favor of the motion to continue this item. Item No. 8: Site Development Plan approval to reconstruct a softball field, construct two new dugouts, lighting, bleachers and a concession building located at Bangor High School in a Government and Institutional Service District. Bangor School Department, applicant. Vice Chairman Costlow asked for comments from the applicant. Mr. Andy Sturgeon, Ames, A/E, represented the Bangor School Department. Mr. Sturgeon explained that the Bangor School Department is proposing to construct a new softball facility in the same 7 8 location of the existing softball field located on the campus of Bangor High School. The applicant is also proposing new underground improvements, playing field irrigation improvements, new fencing, a concession building, and bleachers. Planning Officer Weber explained that at the time the Staff Memorandum was written, Staff had concerns regarding the utilities and the drainage. Since that time, the applicant’s agent has provided additional information to address these concerns. The City Engineer has reviewed this additional information and finds it complete. Since the plan is in order, Staff recommended site development plan approval. Mr. King had questions regarding the proposed lighting. Planing Officer Weber indicated that the proposed lighting is within the maximum height allowable for lighting in a Government and Institutional Service District. Mr. Sturgeon indicated that the lighting is being designed by the same company that did the lighting at Mansfield Stadium. This proposal is similar to the one for Mansfield Stadium but at a much smaller scale. There being no further comments, Vice Chairman Costlow asked for a motion. Mr. Clark moved to approve the Site Development Plan for the Bangor School Department. Mr. Masters seconded motion, and it passed by a vote of five in favor and none opposed. Item No. 9: Site Location of Development Modification approval to add additional seating to the existing baseball field at Husson College in a Government and Institutional Service District. Husson College, applicant. Planning Officer Weber indicated that the applicant, Husson College, had requested that this item be withdrawn. There being no further business, the meeting was adjourned at 9:08 p.m. 8