HomeMy WebLinkAbout2013-04-02 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF APRIL 2, 2013
MINUTES
Board Members Present Andy Sturgeon, Chairman
Paul Bolin
Charles Boothby
Doug Damon
John Kenney
Wayne Mallar (Alternate Member)
John Miller
Julie Williams
City Staff Present: David Gould
Jen Boothroyd
Chairman Sturgeon called the meeting to order at 7:00 p.m.
PUBLIC HEARINGS
Item No. 1: Conditional Use and Site Development Plan approvals to
construct a 3,473 sq. ft. drive-thru restaurant with
associated site work and parking located at 56 Bangor Mall
Boulevard in a Shopping and Personal Service District and a
Stream Protection District. Restwend, LLC, applicant.
The Public Hearing was opened by Chairman Sturgeon. Planning Officer Gould
indicated that the applicant has requested that this item be continued. Mr. Bolin moved
that the Board continue this Public Hearing. Mr. Boothby seconded the motion, which
passed unanimously.
Item No. 2: To amend the Land Development Code by changing a
parcel of land located at 275 Center Street from Urban
Residence Two District to Government and Institutional
Service District. Said parcel containing approximately
13,120 sq. ft. M. & J Company, applicant. C.O. # 13-115.
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Chairman Sturgeon indicated that because the company that he works for is
representing the applicant, he had a conflict of interest. Mr. Bolin moved that Chairman
Sturgeon had a conflict of interest. Ms. Williams seconded the motion. The Board
voted four in favor and three opposed. Vice Chairman Damon was asked to preside
and Alternate Member Mallar was asked to vote.
Vice Chairman Damon opened the Public Hearing and asked for a presentation
by the applicant. Mr. Aaron Shaw, P.E. with the James W. Sewall Company,
represented the applicant. Mr. Shaw explained that the applicant is requesting a zone
change from Urban Residence Two District to Government and Institutional Service
District in order to make it more compatible with hospital uses.
Mr. Boothby asked what the applicant is proposing to use the parcel for. Mr.
Shaw indicated that they are hoping to make it into a parking area.
No one from the audience spoke either in favor of or in opposition to the zone
change request. Vice Chairman Damon closed the Public Hearing and asked for Staff
comment. Planning Officer Gould gave a brief history of the zoning of the St. Joseph
Hospital campus. The proposed zone change is consistent with the City’s Land Use
Policy of the Comprehensive Plan which calls for government and institutional uses and
Staff recommended approval to the Board.
Mr. Boothby recalled a similar situation when Eastern Maine Medical Center
proposed to demolish two historic structures to make way for parking. They were asked
to reconsider their options, and eventually chose instead to construct a parking garage
on existing owned land. He suggested that it may be time for St. Joseph Hospital to
similarly reconsider their long-term parking situation.
Mr. Miller moved to recommend to the City Council that the zone change from
Urban Residence Two District to Government and Institutional Service District for M & J
Company at 275 Center Street as contained in C.O. # 13-115 be approved. Mr. Kenney
seconded the motion. The motion passed, 6 voting in favor and 1 opposed.
NEW BUSINESS
Item No. 3: Site Development Plan approval to construct an 8,200 sq.
ft. building for retail sales and service use (lawn and
garden equipment) at 1209 Hammond Street in an Urban
Industry District. Kurt Thomas, applicant.
Mr. Fred Marshall with Plymouth Engineering represented the applicant and
explained that this is a proposal to construct an 8,200 square foot commercial building
to be built on the former Linnehan’s used car lot at 1209 Hammond Street. Mr.
Marshall discussed the proposed Site Development Plan.
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Mr. Bolin asked if the outstanding issues identified in the Staff Memorandum had
been resolved. Mr. Marshall stated that they had been addressed.
Planning Officer Gould indicated that this parcel is part of the BanAir Industrial
Park, developed by the City. This parcel will have a connection to the applicant’s
adjacent property. At the time that the Staff Memorandum was written there were
unresolved items on the site development plan. Since that time, revised plans have
been submitted addressing those concerns. As the plans are now in order, Staff
recommended approval.
Mr. Kenney asked if the BanAir Industrial Park has a Site Location of
Development Act (SLODA) permit. Mr. Gould stated that this subdivision is covered by
a SLODA Permit and that lot build-out is pre-approved under that permit.
Mr. Kenney made a motion to grant Site Development Plan approval to construct
an 8,200 sq. ft. building for retail sales and service use (lawn and garden equipment) at
1209 Hammond Street in an Urban Industry District for Kurt Thomas, applicant. Mr.
Bolin seconded the motion. The motion passed unanimously.
Item No. 4: Final Subdivision Plan Revision and Planned Group
Development Revision approvals to modify an existing
three lot subdivision located at the EMMC Campus at
489 State Street in a Government and Institutional Service
District. Eastern Maine Medical Center, applicant.
Mr. Bolin stated that he had a conflict with this item, as he is an employee of
Eastern Maine Medical Center (EMMC). Mr. Miller disclosed that he is a member of
EMMC’s Board of Directors, and noted that the Board has found this not to be a conflict
in the past. Ms. Williams moved that Mr. Bolin had a conflict of interest. Mr. Boothby
seconded the motion. The Board voted unanimously in favor. Alternate Member Mallar
was asked to vote.
Mr. Jeff Mylen with Eastern Maine Medical Center (EMMC) addressed the Board,
stating that development on the campus in recent years seemed to suggest that a
Planned Group Development was the best approach. Mr. Doug Rice, P.E. with Wright-
Pearce stated that the proposal does not include the creation of any new lots, just
redefining the lot lines for one of the existing lots.
Attorney Andrew Hamilton noted that a Planned Group Development is important
for campus-type developments like hospitals, where development can proceed
regardless of internal lot lines, in favor of viewing the campus as a whole.
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Chairman Sturgeon asked if any lot dimensions are changing. Mr. Hamilton
stated that they were.
Planning Officer Gould indicated that a Planned Group Development (PGD) is
used when an entity may want to own a piece of a development, like a building within a
hospital campus. A PGD allows us to look at the complex as a whole, instead of
individual ownership. He stated that Orchard Hills is a residential example of a PGD,
where owners own their unit, and the land underneath it, individually, but the entire
development is viewed as a whole for planning and development purposes. A PGD
allows the standards normally associated with individual lot lines within a development
to be disregarded. Mr. Gould noted that the City’s subdivision standards state that a
plat must be presented at a 1”=100’ scale, and the applicant has proposed at a 1”=120’
to allow the subdivision to fit on a standard-sized sheet of mylar. The ordinance permits
the Board to waive the 1”=100’ requirement if they feel it is appropriate. The proposal
is for the same number of parcels as before, but the applicant is redefining the
boundaries of one parcel.
Mr. Damon moved to waive the standard requiring the subdivision plat to be
presented at a 1”=100’ scale, and to allow this proposal at the 1”=120’ scale. Ms.
Williams seconded the motion, which passed unanimously.
Ms. Williams made a motion to approve the Final Subdivision Plan Revision and
Planned Group Development Revision approvals to modify an existing three-lot
subdivision located at the EMMC campus at 489 State Street in a Government and
Institutional Service District, Easter Maine Medical Center, applicant. Mr. Boothby
seconded the motion, which passed unanimously.
Item No. 5: Site Development Plan and Site Location of Development
Modification approvals to construct a 294 sq. ft., two-story
press box at the existing softball field at the Husson
University Campus located at One College Circle in a
Government and Institutional Service District. Husson
University, applicant.
Sean Thies from CES, Inc. spoke on behalf of the applicant. He indicated that the
applicant is proposing to build a two-story press box at the softball complex. The press
box will be located behind existing bleachers, will utilize underground electric, and will
be sited on existing impervious space.
Planning Officer Gould noted that is important to recognize that when Husson
University comes in for amendments to their SLODA and Site Plans, they may
concentrate on one small section of the campus, and show only that portion on their
plans. This does not negate all other approvals in place for all other areas of the
campus. Mr. Gould indicated that when Husson University received approval for the
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baseball field, a condition of that approval was that they would provide periodic
monitoring of noise levels. This has only been done once in the past ten years. The
Planning Office received a noise complaint and he recommended that the Board show
support for having Husson do sound monitoring as conditioned in their prior approval.
Mr. Damon asked if the proposed structure will increase the number of night
games. Mr. John Rubino, of Husson University, responded that there are no new lights
proposed as part of the press box project. Ms. Williams asked if the sound testing
requirement applied to the softball field, or only to the baseball field. Mr. Gould said
that it was part of the approval of the baseball field. Mr. Damon asked if the sound
testing would involve testing the baseball field or only the softball field.
Chair Sturgeon asked if there had been many complaints about noise levels since
the development of the baseball and softball fields. Mr. Gould said that there has only
been one recent complaint. He noted that the sound standards are for total sound limits
on the site.
Mr. Bolin stated that there is no evidence of a new sound system being proposed
for the press box. Mr. Gould confirmed that the applicant had said there would be no
new sound equipment at the press box.
Mr. Damon suggested that a new sound system might solve the problem if it was
designed to project noise away from abutting properties. Mr. Gould indicated that the
abutting complainant believes that the existing system is exceeding noise standards.
Ms. Williams asked whether the noise standard applies to all noise in general or
to noise from crowds or sound systems. Mr. Gould said that the sound standard does
not apply to crowd noise.
Mr. Kenney moved that the Board grant Site Development Plan and Site Location
of Development approvals to construct a 294 sq. ft., two-story press box at the existing
softball field at the Husson University campus located at One College Circle in a
Government and Institutional Service District, Husson University, applicant, with the
condition that the approval applies only to the press box application as shown on the
site plans, and with the condition that the Board strongly recommends that Husson
monitor sound as suggested. The motion was seconded by Mr. Boothby.
Mr. Miller asked whether Member Kenney’s language of “strongly recommend”
conveyed Mr. Gould’s intent. Mr. Kenney offered to rescind the second condition so
that that issue could have a separate vote. Mr. Gould stated that their condition of
approval was to “periodically” test, and it has been done once in the ten years since
that approval.
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Ms. Williams asked if the Planning Division has the authority to direct Husson to
do the sound testing. Mr. Gould said that he was not sure if the Division had that
authority. He brought the issue up hoping that the Board would show support for the
idea.
Chairman Sturgeon asked whether Husson has received any noise complaints in
the last two years. Mr. Rubino indicated that they had not.
Mr. Boothby asked that as a community with SLODA delegated Authority, if the
Board was authorized to regulate SLODAs and if noise is regulated by a SLODA. Mr.
Gould indicated they are. Mr. Boothby felt it is within the Planning Board’s authority to
ask Husson University to do sound testing and because the previous approval included
a condition requiring periodic noise tests that once in ten years it not periodic.
Member Williams suggested that the second condition of Member Kenney’s
motion be rescinded, and that the Board direct the applicant to do the noise testing.
Board Members had questions regarding when the noise study should be done,
and if the Board could place a condition on a plan that is separate from the application
under review.
Mr. Kenney rescinded the second condition of his motion. Mr. Boothby agreed to
the change to his second to the motion. The Board voted unanimously in favor of Mr.
Kenny’s motion as amended.
Attorney Andrew Hamilton addressed the Board, stating that Husson University
has heard the message and will pursue voluntary compliance with periodic noise
testing.
APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes.
Chairman Sturgeon indicated that there were no minutes available for the Board
to approve.
There being no further business or discussion, the meeting was adjourned at
8:11 P.M.