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HomeMy WebLinkAbout2005-05-17 Transportation and Infrastructure Committee Minutes Transportation & Infrastructure Committee Tuesday, May 17, 2005 Minutes Councilors Attending: Councilor Gratwick, Councilor Cashwell, Councilor Farrington, Councilor D’Errico, Councilor Tremble Staff Attending: Ed Barrett, Jim Ring, John Hamer, Dan Wellington, Rod McKay Others Attending: Marion Rudnicki, Dawn Gagnon Committee convened at 5:00 p.m. 1. Proposed Action to Accept and Implement Penjajawoc Stream/Stillwater Task Force Recommendations. Draft Order for the Committee to consider. Ed Barrett refers to a study area on the map, Stillwater out Kittredge, passed the Bangor Hydro easement, to and down Essex Street and across I-95. The Task Force Report deals with land use, transportation, management and public access. A great deal of time was spent on clearly defining boundaries for commercial development. Between Stillwater and Kittredge have been identified for future commercial development. This conforms to our land use concept map that is in the comprehensive plan, with greater definition. The setback runs 600’ with exceptions being Widewater’s parcel with a setback of 250’ from the upper edge of the stream and the Davis property setback very from 350’ to over 600’. The second set of recommendations deal with residential development, most of the area around the marsh is zoned Rural Resource and Agriculture. The concern is that the residential area be compatible with the marsh. At present there is a 75’ resource protection zone in place around the marsh. First recommendation is to maintain that, the second is to establish a no building zone, which would extend from the 75’ an additional 175’. That would, however, allow for traditional forestry, agriculture. The third recommendation is that the development be clustered. To push development away from the marsh and make up for it by allowing smaller lot sizes. The current standards are one lot per 1.5 acres with 200’ frontage. The recommendation is to allow same number of lots, but smaller to keep a large lot at the marsh end of the development. Recommending no change to the existing commercial properties along Stillwater. Did not want to create any non-conforming uses to those properties. Recommending a conservation fund be established so that any new commercial development for ten- year period 25% of taxes generated will be utilized to acquire conservation land, conservation easements to protect the natural resources. Suggest also, wherever there is a conservation easement there be a public access easement as well. Most discussion of traffic focused on the parallel service road. The recommendations are:  Recommending widening Stillwater Avenue to five lanes.  Modification to existing driveway entrances.  Improvements to the road that goes from Stillwater to Bangor Mall Blvd., by Best Buy, which is currently a private road. By improving that and at some point accepting that as a public way, to allow for another circulation route.  Relocating lower end of Kittredge Road.  Interstate ramps at Hogan and I-95 reconfigured.  The original parallel service road extended to Gilman.  Smaller connector between the Widewater’s parcel and W/S development parcel. Last set of recommendations are regarding public access and management. Public access should only be acquired by transaction with willing property owners. Priority given to the Veazie railway bed, acquiring public access to link the City Forest with Essex Woods. Developing a management access plan for the whole area, similar with what was done with Orono Boardwalk. Recommendation that a Penjajawoc Marsh/Stream Conservation Management Commission be established that would:  Develop recommendations on using funds that will go into the conservation fund from the TIFF program.  Develop a public access plan.  Overall management plan to preserve habitat and environmental values while permitting public access.  Educate the public on the stream and marsh ecosystem and it’s wildlife.  Provide review and comment on proposed commercial and residential development within the study zone in early development process.  Monitor and implementation and effect of the Task Force recommendations and as necessary recommend changes.  Coordinate activities with other interested parties on issues and projects.  Preserve in the greater watershed all the way to Pushaw Lake.  Researching the feasibility of enacting a local ordinance and/or invasive species. Upon further discussion and comments Councilor Cashwell moves to accept the Task Force Final Report, as of passage with the Council be retroactive to the date of acceptance at the City, and begin to find ways to move ahead with implementation. The motion was seconded by Councilor Allen. Ed Barrett will assign this Order to the three members of the original committee that worked on it, being Councilor Gratwick, Councilor Cashwell, and Councilor Allen. 2. Chemical Dependency Treatment Facilities Ed Barrett presented a memo that was emailed out 5-16-05. This meeting is a follow up to the last meeting on the recommendation of special committees on medical facilities. There was interest in explorer an alternative, retaining definition of chemical dependency treatment facilities in the Ordinance and look at zones in which those facilities would be appropriate, either permitted or conditional use. If keeping the definition such a use could be permitted in the UID and I&D as a permitted use, as long as the facilities is a certain distance from residences, schools, and places of worship. The consensus is that there isn’t a problem with a chemical treatment facility as a permitted use in the G&ISD, when on a major arterial. GC&S may want to look at further restrictions suggested in the memo. And noted there are some legal considerations summarized in memo. The Committee could adopt the recommendations, adopt system whereby keeping the definition and specify the zones. Or hold on taking any action until the Advisory Committee sees how it will actually work in a test case in a strip mall setting. Another option is to leave the additional zoning in place. After further discussion Councilor Cashwell recommends except the report, the report becomes part of the development period over time, where Colonial is being opened in the shopping center. So that the oversight committee can take the basis of that report as input, and evaluate the impacts of the operation as it grows. Also recommends continuing to have the three zones. Accepted and referred to the Advisory Committee with a request that they monitor how the clinic operates and the impact in that zone, reporting back to the Council in a year after the clinic opens, with it’s conclusions. Draft an Ordinance Amendment adopting 1, 2, & 3 as outlined in this report. Councilor Cashwell motioned, Councilor Allen seconded. 3. Request to Consider Reacceptance and Discontinuance of a Discontinued portion of School Street Right-Of-Way Jim Ring explains the Campanelli family, who owns the Broadway Shopping Center, is in the process of trying to refinance. In 2000 the City received a request from Campanelli, on behalf of the Shop N Save expansion, to discontinue a piece of School Street Right-Of-Way. It was laid out in 1960, but it was never built. The existence of it kept the expansion from happening because it would violate setback requirements. A request came forward to discontinue, was done. When a piece of Right-Of-Way is discontinued usually any underlying interest in the land reverts to the abutting property owners. Upon doing a title search, Campanelli didn’t own the shopping center when School Street was established, a year later they acquired it from the original developer. The deed specifically excluded that piece of land, which is School Street. At the time this Right-Of-Way was established the statutory regulations that applied are different than they are now. If a public way was accepted or established before 1976 it’s only an easement. Because we don’t own it, it cannot be conveyed to abutters when discontinued. And because they cannot find any owners beyond 1920 for the land that was the former street, they can’t refinance due to the issue of ownership. To assist them we could reestablish the street, thereby asserting the City’s ownership, then discontinue it again so that current statutory applicability we would then return the land to the abutters, which in this case is Campanelli. Councilor Cashwell moves to reaccept and discontinue the portion of School St., the last 168 feet and put an Order to the Council, seconded by Councilor Allen. Adjourned.