HomeMy WebLinkAbout2012-06-19 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JUNE 19, 2012
MINUTES
Board Members Present: Miles Theeman, Chairman
Paul Bolin
Charles Boothby, Alternate Member
Doug Damon
John Kenney
John Miller
Andy Sturgeon
Julie Williams
City Staff Present: David Gould
Art Morgan
Jen Boothroyd
Lynn Johnson
Chairman Theeman called the meeting to order at 7:00 p.m.
PUBLIC HEARINGS
Item No. 1: To amend the Land Development Code Chapter 165-97, D
(3) to add Rooming House, Boarding Home or Congregate
Housing Facility as a Conditional Use in the
Government and Institutional Service District. City of
Bangor, applicant. C.O. # 12-186.
Chairman Theeman opened the Public Hearing. Alternate Member Boothby was
asked to vote on this issue (as Member Williams was not present for the entire Public
Hearing).
Planning Officer David Gould indicated the proposed amendment is intended to
add Rooming House, Boarding Home and Congregate Housing to the list of Conditional
Uses in the Government and Institutional Service District (G & ISD).
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Planning Officer Gould indicated that there is a proposal from Penobscot
Community Health Care (PCHC) to add housing to the emergency shelter and treatment
facilities off of Illinois Avenue (Hope House) which abut the Maine Business Enterprise
Park. This additional housing is proposed to provide a variety of services to tenants
that are more associated with a rooming house or boarding home. In discussions with
PCHC, it was determined that this use is not a permitted use within the G & ISD.
Mr. Gould indicated that the proposed amendment may broaden the potential for
unintended uses within the District. However, if the residential use is maintained as an
accessory use to the institution’s functions, it would appear that it should fit the District.
Mr. Gould discussed other public and nonprofit residential uses and space such as the
dormitories at Husson University and Eastern Maine Medical Center. He also indicated
that there may be instances where it is not known where the next request for these
types of uses will be because the use is defined by ownership not land use. An example
would be the YMCA’s move to Second Street; the properties acquired were designated
for residential uses. Now the old Y building on Hammond Street, that is zoned G & ISD,
would need to be rezoned for use by a for profit entity.
Mr. Vinal Applebee, Director of Facilities for Penobscot Community Healthcare
(PCHC) spoke in favor of the proposed zoning amendment. Mr. Applebee explained
that PCHC presently has 24 single-bedroom units for their clients at their shelter. They
have obtained a grant to construct 24 additional units for use as transitional housing as
the next step between the shelter and before tenants move to permanent housing.
They are also proposing space for groups and other agencies to use their
facilities for meetings. Mr. Applebee indicated that the use was already at the facility
and the amendment would allow them to add more rooms. Mr. Gould noted that while
he did not have the applications at the meeting the uses in the application were not for
rooming house, boarding house, or congregate care facilities.
There were no opponents to the above zoning amendment.
Mr. Damon asked if this use would be allowed in all of the other properties zoned
Government and Institutional Service District. Planning Officer Gould indicated that if
the amendment is passed, it would be for all properties zoned G & ISD. Mr. Damon
was concerned about opening up these uses to every property zoned G & ISD and
indicated that he could not support the amendment.
Mr. Boothby asked why PCHC wasn’t the applicant for the proposed amendment.
Mr. Gould explained that a property owner can request a zoning change (map
amendment) but there is not a provision for a property owner to request a text
amendment to the Land Development Code. Where the City has an interest in reviewing
a text amendment, the City Council can initiate an amendment and it goes through the
review and hearing process.
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Mr. Sturgeon indicated that the Board needs to look at this as an amendment to
the Land Development Code and not a PCHC property. He added that if this is
approved then PCHC would need to come back before the Planning Board for Site Plan
approval.
Mr. Kenney asked why this was not done as a contract zone change for the Hope
House property. Planning Officer Gould explained that under contract zoning one can
only limit what is allowed in the district. In the case of PCHC, it has been determined
that this use is not allowed and therefore, the resolution was to amend the District.
Mr. Bolin indicated that he was in favor of what PCHC wants to do, however, he
is concerned about how this would affect other areas of the City zoned Government and
Institutional Service District.
Mr. Theeman asked if this could be a standalone use. Mr. Gould indicated that it
would need to be located within a complex of health, education, and social service
facilities, not a standalone housing component. Chairman Theeman asked for
clarification from Mr. Gould as to what the Board could do with the proposed
amendment. Mr. Gould noted that the Board needs to make a recommendation on the
proposal as it is. The Staff will send comments of the Board on to the City Council with
their recommendation.
Mr. Sturgeon moved to recommend to the City Council that the amendment to
the Land Development Code, Chapter 165, Section 165-97 – adding Rooming House,
Boarding Home and Congregate Housing to the conditional uses in the Government and
Institutional Service District – City of Bangor, applicant as contained in C.O. # 12-186,
be approved. Mr. Boothby seconded the motion. The Board voted three in favor and
four opposed to the motion. Therefore, the motion failed.
NEW BUSINESS
Item No. 2: Site Development Plan approval to modify the approved
plans for construction of 23 duplex buildings with a total
of 46 units located at Mt. Hope Avenue and Chickadee Lane
by eliminating one building, adjusting the location of two
buildings, and reducing the size of one building ending up
with 22 duplexes with 44 units. Meadowbrook Ridge, LLC,
applicant.
Mr. Fred Marshall with Plymouth Engineering, represented the applicant and
spoke in favor of the application. Mr. Marshall explained that this is a revision to the
approved plans for Meadowbrook Ridge, LLC to remove one duplex building, shift two
of the buildings around, and reduce the size of one building. In doing so, this reduces
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the density of the overall project. The applicant proposes to request Site Location of
Development Modification approval in July.
Mr. Theeman asked why the applicant wasn’t applying for both Site Development
Plan and Site Location of Development approvals at the same meeting. Mr. Marshall
indicated that he believed it was due to financing.
Mr. Damon asked if the reduction in density would allow them to push snow back
onto these areas and not have to truck the snow away. Mr. Marshall indicated that this
would do no harm to these areas.
Mr. John Bourasa, who resides at 19 Camden Court, indicated that he was
concerned about the reductions and additions that the applicant is proposing. He
indicated that when he purchased his unit it stated in his deed that he was to have a
two car garage with parking outside his garage and this is not what he got. He
indicated that this a legal issue that he intends to pursue.
Planning Officer Gould indicated that this would normally be a conditional use
request but because it is a deletion of the number of units it is only a Site Development
Plan. At the time the Staff Memorandum was written, the Engineering Department had
minor concerns regarding the stormwater treatment system. Revised plans were
submitted addressing these concerns. The Planning Staff indicated that the submittal
requirements of the Land Development Code have been met and recommended that
the Board grant approval with the condition that the applicant obtain Site Location of
Development Modification approval.
Mr. Bolin moved that the Board grant Site Development Plan approval to modify
the approved plans for construction of 23 duplex buildings with a total of 46 units
located at Mt. Hope Avenue and Chickadee Lane by eliminating one building, adjusting
the location of two buildings, and reducing the size of one building ending up with 22
duplexes with 44 units for Meadowbrook Ridge, LLC, applicant with the condition that
the applicant obtains Site Location of Development Act Modification approval. Mr. Miller
seconded the motion. The motion passed unanimously.
Item No. 3: Site Development Plan approval for improvements to the
Waterfront Park to include: paving and lighting of
previously constructed gravel walkways, and new gravel
secondary walkways in a Waterfront Development District.
City of Bangor, applicant.
City Engineer Art Morgan indicated that this is the next phase of the Waterfront
Development Project. Most of the pathway exists and the applicant is proposing to
pave it and add lighting. Also proposed are new gravel secondary walkways. The
project has received Site Location of Development Act approval. Rain gardens are
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proposed as a means to handle stormwater on the site. Also on this plan is the
location of the Continuity of Community sculpture (that was formerly located in West
Market Square) on the southern end of the bulkhead.
Mr. Boothby asked if there was a provision made for the Schoodic Institute
sculpture. Mr. Morgan indicated that it was not on this plan but will be included in a
future plan that will need to come back to the Planning Board for approval.
Planning Officer David Gould indicated that this plan is the fourth phase of the
Waterfront Development project. The plan is to pave and add lighting to previously
constructed gravel walkways, and to construct new gravel secondary walkways. Mr.
Gould indicated that the proposed work is within the 250 foot wide Shoreland Zoning
area along the Penobscot River which must meet the standards of the Land
Development Code, Shoreland Zoning for setbacks, impervious surface, minimum lot
size, shore frontage and stormwater runoff. Staff, in its review, found that
vegetation along the river bank was clear cut at the time the coal tar removal took
place. The plans submitted meet ordinance requirements for submittal and the
Planning Staff recommended approval with the conditions that: 1) plans be provided
indicating replanting of vegetation along the riverbank; and 2) that Shoreland Zoning
and Flood Plain Management permits be issued.
Mr. Damon indicated that he would like to see call boxes installed like they have
on college campuses that are tied into the police. If this area is going to be available
for people to use at night it would be nice to have security available for them to seek
help. Chairman Theeman indicated that he hopes that the City will take Mr. Damon’s
comments into consideration. Mr. Morgan indicated that he would look into this.
Mr. Kenney moved that the Board grant Site Development Plan approval for
improvements to the Waterfront Park to include: paving and lighting of previously
constructed gravel walkways, and new gravel secondary walkways in a Waterfront
Development District, City of Bangor, applicant with the following conditions: 1) that a
new planting plan be provided indicating replanting of vegetation along the waterfront
and 2) that Shoreland Zoning and Floodplain Management Permits be issued. Mr.
Sturgeon seconded the motion. The Board voted 7 to 0 in favor.
Item No. 4: Site Development Plan and Site Location of Development
Modification approvals to add a 176-space parking lot
north of Hart Hall at the Husson University campus located
at 1 College Circle in a Government and Institutional
Service District. Husson University, applicant.
Mr. Sturgeon asked the Board to make a determination as to whether or not he
has a conflict of interest on this item as the firm that he works for prepared the plans
for the applicant. Mr. Damon indicated that he did not feel that Mr. Sturgeon had a
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conflict of interest as he did not work on preparing the plans. Planning Officer Gould
indicated that it is staff’s position that if a Board Member works for a firm that does
work on a plan that goes before the Planning Board then there is an appearance of a
conflict of interest. Mr. Kenney moved to excuse Mr. Sturgeon from this item due to a
conflict of interest. Mr. Bolin seconded the motion, which passed by a vote of 6 to 0.
Mr. Boothby was asked to vote
Mr. Aaron Shaw, P.E. with James S. Sewall Company, represented the applicant
who is requesting approvals to add a 176 space parking lot north of Hart Hall at the
Husson University campus. The 176 spaces will be offset by the loss of approximately
19 spaces elsewhere on campus for a net gain of 157 spaces. He discussed the layout
of the parking lot, sidewalks and lights. He indicated that revised plans were
submitted addressing concerns of the Engineering Staff.
Mr. Bolin, noting the concerns of the Board regarding safety issues and the
condition of approval at the time of the last parking lot design in this area that call
boxes be installed, asked why they were not included with this parking lot.
Mr. Shaw indicated that in their findings they did not feel that call boxes were of
value as they have 24 hour security on campus. Mr. Miller asked if any thought had
been given to adding a fence along the wooded area of the parking lot for security. Mr.
Shaw indicated that they had not considered this as it is not something that they
usually do. However, this is something that they could consider.
Mr. Damon indicated that this was a major issue with the Board at the time of
the last parking lot plan.
Mr. John Rubino, Vice President of Administration explained that the University is
very concerned about student safety. They presently have 24/7 security. The latest in
technology is for video cameras. They already have video cameras at some of the
entrances and will add more as they expand.
Mr. Kenney had questions regarding stormwater and asked if the stormwater
system has been modeled. Mr. Shaw indicated that they did a stormwater analysis.
The stormwater will drain to a pond located behind Newman Gymnasium. City
Engineer Art Morgan indicated that the Engineering Staff looked at the pond and the
stormwater system proposed and they feel that as designed it is satisfactory.
Mr. Bolin indicated that he felt that the same safety issues still exist and have not
been addressed by the applicant. He asked if the applicant would agree to the
installation of video surveillance equipment monitored by their security personnel as a
condition of approval. Mr. Rubino indicated that they have been considering this and it
makes sense. He said that if the Board does place this as a condition of approval that
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they would look into installing video surveillance equipment that would be mounted on
poles and be a part of their campus video security system.
Planning Officer Gould noted that the standard that the Board should apply
would be 165-114 B. He read the section:
“On-site parking, loading, and access. The applicant must show that the
proposed parking and loading layout, including the appurtenant drives,
turnarounds, maneuvering areas, and on-site travel lanes are arranged in a
reasonable and safe configuration, including the provision for safe pedestrian
travel to all on-site uses.”
He said that while it is good that the Board is concerned about safety, the Board should
not create a standard that doesn’t exist.
Planning Officer Gould indicated that revised plans were submitted by the
applicant that addressed concerns of the Engineering staff regarding the treatment of
stormwater. The revised plans met the submittal and ordinance requirements for Site
Development Plan approval and Site Location of Development Act Modification
approval.
Mr. Kenney asked about wetland impacts. Mr. Shaw indicated that they have
obtained an Army Corps of Engineers Permit, are in the process of an NRPA Permit, and
have a pending DEP Permit.
Mr. Bolin moved to approve the Site Development Plan and Site Location of
Development Modification approvals to add a 176-space parking lot north of Hart Hall at
the Husson University campus located at 1 College Circle in a Government and
Institutional Service District with the condition that the applicant installs video
surveillance. The motion was seconded and it passed by a vote of 6 to 1.
Item No. 5: Site Development Plan approval to remove one parking
space to accommodate a pylon sign located at 102 Haskell
Road in a General Commercial and Service District.
Jori Brothers Family LLC, applicant.
Chairman Theeman, noting that the applicant was not represented at the
meeting, asked the Board to move to continue this item. A motion was made,
seconded and unanimously approved to table this item until such time as a
representative of the applicant could be present.
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APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes.
Chairman Theeman indicated that the Minutes of the June 5, 2012 Meeting were
in order for consideration. Mr. Bolin moved to approve the Minutes of the June 5, 2012
Meeting, as printed. Ms. Williams seconded the motion, which passed unanimously.
There being no further items for discussion, the meeting was adjourned at 8:20
p.m.