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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. 2 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. 3 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. 4 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. 5 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.