HomeMy WebLinkAbout2012-05-15 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 15, 2012
MINUTES
Board Members Present: Miles Theeman, Chairman
Paul Bolin
Charles Boothby, Alternate Member
John Kenney
John Miller
Andy Sturgeon
Julie Williams
City Staff Present: David Gould
Peter Witham
Jennifer Boothroyd
Chairman Theeman called the meeting to order at 7:00 p.m. In the absence of
Board Member Damon, Alternate Member Boothby was asked to vote.
CONSENT AGENDA
As no one wished to remove the items for discussion, Chairman Theeman asked
for a motion. Mr. Sturgeon moved to approve the Consent Agenda. Mr. Bolin seconded
the motion, which passed by a vote of 7 to 0. The items approved are as follows:
Item No. 1: Site Development Plan and Site Location of Development
Modification approvals for minor revisions to the approved
Site Development Plan and Site Location of Development
Act Modification at 498 Maine Avenue in a Contract Airport
Development District. Bangor Gas Company, applicant.
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Item No. 2: Site Development Plan approval to construct a 6,000 sq. ft.
building for use as a place of worship, add parking, and to
reuse the existing building for a youth center at 1195 Ohio
Street in a Government and Institutional Service District.
The Rock Church of Greater Bangor, applicant.
PUBLIC HEARINGS
Item No. 3: To amend the Land Development Code – Chapter 165,
Section 92 to move bar, tavern or lounge, as defined, from
a Conditional Use to a Permitted Use in the Urban
Service District. City of Bangor, applicant. C.O. # 12-145.
Chairman Theeman opened the Public Hearing and asked for Staff comments.
Planning Officer David Gould indicated the proposed amendment was intended to
change Bars, Taverns and Lounges from a Conditional Use to a Permitted Use in the
Urban Service District. Frequently, they are located in existing buildings where the
building is being reused from one use to another. If processed as a Conditional Use the
application and plans must be reviewed before the Planning Board through a public
hearing process. The processing time is longer and more expensive and does not offer
much better results. The proposed amendment would maintain all the existing
performance measures, but allow the applicant to undertake permitting through the
Code Enforcement Office. Should new construction (expansion) or exterior site changes
occur it would require site plan review and be reviewed by the Planning Board.
There were no opponents or proponents speaking to the above zoning
amendment.
Chairman Theeman closed the Public Hearing and asked for a motion. Mr. Bolin
moved to recommend to the City Council that the Zoning Amendment contained in C.O.
# 012-145 to move Bar, Tavern or Lounge, as defined, from a Conditional Use to a
Permitted Use in the Urban Service District be approved. Mr. Boothby seconded the
motion. The Board voted all in favor and none opposed to recommending approval of
Council Ordinance 012-145.
NEW BUSINESS
Item No. 4: Site Development Plan and Site Location of Development
Modification approvals to construct a 12,767 sq. ft. Central
Utility Plant adjacent to the existing Cogen facility located
at 489 State Street in a Government and Institutional
Service District and a Multi-Family and Service District.
Eastern Maine Medical Center, applicant.
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Chairman Theeman indicated that he has a conflict of interest as he is employed
by the parent company of Eastern Maine Medical Center. Mr. Bolin indicated that he,
too, has a conflict of interest as he is employed by the applicant. Mr. Miller indicated
that he may have a conflict of interest because he is a Trustee of Eastern Maine Medical
Center. Mr. Sturgeon asked Staff about the history of Mr. Miller’s position from a
Trustee standpoint. Planning Officer Gould indicated that it is Staff’s view that if
someone is an employee of an entity or designer with the firm seeking approval, there
is a conflict of interest. In Mr. Miller’s case, because he sits as a volunteer on their
Board, in Staff’s view, this does not create a financial conflict of interest. Mr. Sturgeon
moved that Mr. Theeman has a conflict of interest on this issue. Ms. Williams seconded
the motion which carried 6 to 0. Mr. Sturgeon moved that Mr. Bolin has a conflict of
interest. The motion was seconded by Ms. Williams and passed by a vote of 6 to 0.
Mr. Sturgeon moved that Mr. Miller does not have a conflict of interest. Ms. Williams
seconded the motion. The Board voted 6 to 0 in favor.
Vice Chairman Sturgeon presided and asked for comments from the applicant.
Mr. Jeff Mylan, Director of Construction at Eastern Maine Medical Center and Mr. Doug
Rice, Project Manager with Wright-Pierce, were present in support of the application.
Mr. Rice explained that the applicant is requesting Site Development Plan and Site
Location of Development Modification approvals to construct a 12,767 sq. ft. building
for use as a Central Utility Plant to be located adjacent to the existing Cogen facility.
This building will allow the applicant to provide electric, heat and cooling utility service
at this end of the hospital’s campus and for future development. This is the first phase
and the applicant proposes to use a portion of the space as their switch gear room.
Most of this site was an existing parking lot. There are a few spaces that will be lost but
there is adequate parking elsewhere on the campus to make up for this. He noted that
Staff had concerns regarding landscaping. They are proposing to plant a considerable
amount of landscaping to help screen and soften this building from State Street and to
bring the site into site compliance with previously approved plans.
Ms. Williams expressed her concern regarding the proximity of the trees to the
utility lines. Mr. Rice indicated that they had looked at this and had moved the location
of trees to try and alleviate any future problems.
Mr. Miller asked about the lighting. Mr. Rice explained that they are proposing
high efficiency LED cutoff light packs on the wall of the building so they won’t have to
worry about snowplows hitting them.
Mr. Kenney asked about stormwater treatment options for the campus as it was
an issue with the previous approval. Mr. Rice indicated that the City has asked them to
keep a little bit of gravel in the area of the interceptor sewer so that they can maintain
it. Mr. Rice said that it is their intent to install a type of bio filter, or plant filter and
send all of the stormwater to this area. He said that they will have a more detailed plan
when they come back for future approvals.
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Mr. Sturgeon asked if this plan with its improvements was consistent with the
hospital’s Master Plan for the campus. Mr. Rice indicated that it is.
Planning Officer Gould indicated that this application for Site Development Plan
and Site Location of Development Modification approvals is to construct a 12,767 sq. ft.
Central Utility Plant adjacent to the existing Cogen facility. This is very similar to the
last plan that was before the Board in December of last year as they are trying to get
prepared for more significant future development on campus. Regarding parking,
because they have a huge centralized parking garage they are allowed to add new
buildings as long as the sum of all the parking meets the sum of all the parking
demand. Staff discussed with the applicant the general condition of landscaping on site
and that there were a lot of older plans where the landscaping had died off or wasn’t
done. Staff wants to encourage them to bring that back to the original approval state.
The decision at the time of the last EMMC approval back in December 2011 was to give
the hospital a year to return with a plan to bring the landscaping up to code
requirements. As they brought this project in, Staff asked them to provide the
landscaping on this portion of the site rather than wait until December 2012. Because
the Riverside Inn is zoned Multi-Family and Service District and because of Shoreland
zoning, Resource Protection zoning and Park and Open Space zoning down by the
railroad track this requires that a buffer be planted between that zone and the hospital’s
development. Also at that time there was a condition added for the applicant to deal
with stormwater quality by December 2012. Staff recommended that the Board grant
approval with the addition of the conditions of the December 2011 approval regarding
the landscaping improvements and stormwater designs to be submitted by the end of
December 2012.
Mr. Miller moved that the Board grant Site Development Plan and Site Location
of Development modification approvals to construct a 12,767 sq. ft. central utility plant
adjacent to the existing co-gen facility located at 489 State Street in a Government and
Institutional Service District and a Multi-Family and Service District, Eastern Maine
Medical Center, applicant, with the conditions that: 1) the Emergency Drive remain an
entrance only, 2) no new impervious be created at the rear utility corridor until water
quality measures are approved (stormwater), and 3) a comprehensive landscape plan
be provided to deal with historic approvals and site compliance by December 27, 2012.
set forth in December 2011 approval. The motion was seconded by Mr. Kenney. The
Board voted 5 to 0 in favor.
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APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes.
Chairman Theeman indicated that the Minutes of the May 1, 2012 meeting were
in order for approval. Mr. Bolin moved to approve the Minutes as presented. Mr. Miller
seconded the motion. The motion passed unanimously.
Mr. Gould discussed with the Board this fall’s MMA training for Planning Boards.
There being no further items for discussion, the meeting was adjourned at 7:28 p.m.