HomeMy WebLinkAbout2012-05-01 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 1, 2012
MINUTES
Board Members Present: Andy Sturgeon, Vice Chairman
Paul Bolin
Doug Damon
John Miller
Julie Williams
City Staff Present: David Gould
Paul Nicklas
Peter Witham
Jen Boothroyd
Vice Chairman Sturgeon called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove the item from the Consent Agenda, Vice Chairman
Sturgeon asked for a motion. Mr. Damon moved to approve the Consent Agenda. Mr.
Miller seconded the motion, which passed unanimously. The item approved is as
follows:
Item No. 1: Site Development Plan approval to increase the size of a
proposed building by 1,680 sq. ft. and to rearrange parking
and utilities at 878 Stillwater Avenue in a Shopping and
Personal Service District. ALSID, LLC, applicant.
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PUBLIC HEARINGS
Item No. 2: To amend the Land Development Code, Chapter 165,
Section 165-19 Reconstruction or Replacement of
Nonconforming Residential Accessory Structures. City of
Bangor, applicant. C.O. # 12-126.
Vice Chairman Sturgeon opened the Public Hearing. Planning Officer David
Gould indicated the proposed amendment was intended to allow property owners with
pre-existing residential accessory structures to rebuild them in the same location even if
they do not conform to existing setback requirements. Accessory structures that may be
lost due to fire or other damage could be rebuilt in the same location if a building
permit was secured within one year of the loss of the building.
There were no opponents or proponents speaking to the above zoning
amendment. Vice Chairman Sturgeon closed the Public Hearing and asked for
comments from the Board.
Ms. Williams asked what the word “remove” means in the proposed wording of
the amendment. Mr. Gould indicated that it means that older structures that are
removed can be replaced. Mr. Bolin indicated that he saw this as a positive especially
when homeowners have run-down, older structures that they would like to replace.
Member Damon noted he liked the flexibility it offered and asked if the language
might be copied in other communities? Mr. Gould noted that Bangor has a much
greater number of older housing than most of the surrounding suburban communities.
In addition there are still communities that grant variances, so their approach may be
different than Bangor’s.
Ms. Williams moved to recommend to the City Council that the zoning
amendment contained in C.O. # 012-126 be approved. Mr. Miller seconded the motion.
The Board voted all in favor and none opposed to recommending approval.
NEW BUSINESS
Item No. 3: Site Development Plan approval to modify the stormwater
management system of the concrete plant site at 974 Odlin
Road in an Urban Industry District. The Lane Construction
Corp., applicant.
Vice Chairman Sturgeon indicated that he had a conflict of interest as he is
employed by the firm that prepared the Site Development Plan. The Board voted 4 to 0
in favor of a motion to excuse Vice Chairman Sturgeon from voting on this item. Mr.
Damon, being the senior Member on the Board was asked to fill in as Chairman.
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Ms. Jodi O’Neal represented the applicant who is requesting Site Development
Plan approval to modify the stormwater management system on this site.
Planning Officer Gould indicated that the original owner (Vaughn Thibodeau &
Sons) previously had three lots in this area. The three lots were approved by DEP and
at that time the stormwater management system was shared. This lot is the middle lot
of the three lots and in order for it to be in compliance, it is necessary that the
stormwater management system be brought into compliance with State DEP and City of
Bangor requirements. Mr. Gould indicated that revised plans were submitted
addressing concerns noted by Staff at the time the Staff Memorandum was written.
The plans are in order and Staff recommended approval.
Mr. Bolin moved to approve the Site Development Plan to modify the stormwater
management system of the concrete plant site at 974 Odlin Road in an Urban Industry
District - The Lane Construction Corp., applicant. Ms. Williams seconded the motion.
The Board voted 4 to 0 in favor.
Item No. 4: Planning Board Review of Findings and Conclusions -
Conditional Use/Site Development Plan – 1606 Union
Street.
Planning Officer Gould indicated that Staff has prepared a Findings and
Conclusions for the Board’s decision on the quarry project at 1606 Union Street. Mr.
Gould indicated that when the Board makes a motion, in effect it is taking one vote in
favor of all the review criteria instead of approving each one individually. The Findings
and Conclusions address each of the individual criteria. Mr. Gould indicated that some
of the neighboring property owners to this project have filed an appeal of the Board’s
decision. The appeal will be considered by the Court for its determination as to
whether or not it feels that the Board came to the correct conclusion. As part of this
process, a draft Findings and Conclusion was placed on the Agenda for the Board’s
review.
Mr. Bolin noted that the Air National Guard Base had concerns regarding safety
issues associated with blasting. Mr. Gould indicated that blasting is not relative to the
Site Development Plan review standards and is handled through the City’s Engineering
Office.
After some discussion, Mr. Damon indicated that he felt that the document as
written was an accurate representation of the Board’s decision and moved to adopt the
draft Findings and Conclusions.
Mr. Gould, noting that the document was prepared for Chairman Theeman’s
signature asked if the document could be changed for the Vice Chairman’s signature.
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Assistant City Solicitor Nicklas indicated that it could be signed by the Vice Chairman
and suggested that the Board amend its motion to amend the document.
Mr. Damon moved to amend his motion to change the signature to that of Vice
Chairman Sturgeon. Mr. Bolin seconded the motion as amended. The Board voted
unanimously in favor (5 to 0).
APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes.
Vice Chairman Sturgeon indicated that the Minutes of the April 3, 2012 Meeting
were in order for consideration. Mr. Miller moved to approve the Minutes of the April 3,
2012 Meeting. Ms. Williams seconded the motion which passed unanimously.
There being no other items for discussion, the meeting was adjourned at 7:20
p.m.