HomeMy WebLinkAbout2014-04-15 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF APRIL 15, 2014
MINUTES
Board Members Present: Paul Bolin, Vice Chairman
Charles Boothby
John Kenney
Wayne Mallar
Dora McCarthy, Alternate Member
John Miller
Julie Williams
City Staff Present: David Gould
Vice Chairman Bolin called the meeting to order at 7:00 p.m. In the absence of
Chairman Sturgeon, Alternate Member McCarthy was asked to vote.
CONSENT AGENDA
Vice Chairman Bolin indicated that he has a conflict of interest as he was
formerly employed by Eastern Maine Medical Center and is currently employed by
Eastern Maine Healthcare Systems. He asked the Board if they wished to split up the
two items. Mr. Miller moved to split the two items on the Consent Agenda. Ms.
Williams seconded the motion which carried unanimously. Mr. Kenney moved to
approve Item No. 1. Ms. Williams seconded the motion which carried unanimously.
The item approved is as follows:
Item No. 1: Site Development Plan approval to construct a 1,755 sq. ft.,
second-story addition over an existing garage and boiler
room at 336 Odlin Road in a General Commercial and
Service District. Maine Hospitality, LLC, applicant.
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Ms. Williams moved that Mr. Bolin has a conflict of interest on Item No. 2. The
motion was seconded and it passed by a vote of 6 to 0. As the senior Member of the
Board, Mr. Miller presided. Mr. Miller noted that he is on the Board of Directors for
Eastern Maine Medical Center and has declared so in the past and found not to have a
conflict of interest. Mr. Miller asked for a motion on Item No. 2. Ms. Williams moved to
approve Item No. 2 on the Consent Agenda. Mr. Boothby seconded the motion which
carried by a vote of 6 to 0. The Item approved is as follows:
Item No. 2: Site Development Plan and Site Location of Development
Modification approvals to construct a 2,700 sq. ft. addition
for a chiller mechanical room located at 489 State Street in
a Government and Institutional Service District. Eastern
Maine Medical Center, applicant.
APPROVAL OF MINUTES
The Board voted to consider the Minutes out-of-order.
Item No. 5: Planning Board Approval of Minutes.
Mr. Boothby moved approval of the Planning Board Minutes of the April 1, 2014
Meeting. Mr. Miller seconded the motion which carried by a vote of 6 to 0.
PUBLIC HEARINGS
Item No. 3: Conditional Use, Site Development Plan, and Site Location
of Development Modification approvals to add a drive-thru
and canopy for a pharmacy use (drive-in business) located
at the Crossroads Plaza on Stillwater Avenue in a Shopping
and Personal Service District. CMI, Inc. and Brohill, LLC,
applicants.
Vice Chairman Bolin opened the Public Hearing. He indicated that this item was
continued from the Board’s April 1, 2014 Meeting. Mr. Fred Marshall with Plymouth
Engineering and John Theriault, Traffic Engineer with the James W. Sewall Company,
were present in support of this application. Mr. Marshall gave a brief history of the
development on this site. He noted that there have been many changes to the second
building (Kobe Steak House) due to a failed proposal for a parallel service road and the
Hogan Road extension plans as a result of the construction of Wal-Mart. The portion
of the building proposed for a pharmacy use was previously occupied by a restaurant.
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Mr. Theriault discussed the traffic associated with the prior restaurant use and
the proposed drive-thru pharmacy use. He indicated that the new use would create
less traffic congestion.
No one spoke either in favor of or in opposition to the request. Vice Chairman
Bolin closed the Public Hearing and asked for staff comments. Planning Officer Gould
indicated that because the applicant is requesting approval of a drive-thru use at this
site it is a conditional use under the Land Development Code. As such, it needs to meet
the four standard conditions for the granting of a conditional use as well as the specific
conditional use standards of the Shopping and Personal Service District. Mr. Gould
indicated that the proposal meets the four standard conditions in that the development
standards have been met, the use will not create unreasonable traffic congestion; there
are appropriate utilities and the proposed use is appropriate for the location sought and
consistent with other uses in the area (there is another drive-thru use on the other end
of the building). The proposed use also provides for adequate queuing space and has
adequate parking provided.
Mr. Gould indicated that one of the conditions of the original approval (in 1994)
was that when the Hogan Road extension was constructed the Stillwater Avenue
entrance to this site would be closed. In 2008, a plan was approved with an entrance
onto Stillwater Avenue as a right in and right out only. The applicant’s engineer has
indicated that they would like to discuss with the Board eliminating the restriction on
this entrance.
Mr. Theriault discussed the previously approved right-in and right-out only
entrance on Stillwater Avenue. He researched the accidents reported at this site noting
that during the last three years there were only two accidents and one of those was
because of poor visibility due to snow banks. The applicant wishes to do away with
this restriction.
Planning Officer Gould indicated that the applicant had submitted revised plans
that are now in order. If the Planning Board chooses to do something other than
approve the right-in and right-out entrance on Stillwater Avenue that is on the plans
before the Board the applicant will need to amend the plan.
Mr. Miller asked if the pharmacy doesn’t get built what other uses could the
drive-thru be used for. Mr. Gould indicated that the Code Enforcement Office won’t
look at a change in traffic but will look at the Board’s approval and the uses allowed for
a drive-thru use in the Shopping and Personal Service District. Mr. Miller asked if the
Board could condition this for a pharmacy use only. Mr. Gould indicated that that is
beyond the Board’s authority. Mr. Marshall indicated that if the pharmacy use goes
away, the lease with Kobe Steak House prohibits other restaurants. Mr. Theriault
indicated that if any fast food restaurant wanted to go in there the traffic permit would
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need to be updated. Mr. Marshall said that the applicant would not be opposed to a
condition prohibiting a drive-thru restaurant.
Ms. Williams indicated that she would be uncomfortable restricting what could be
used here. Mr. Mallar felt that conditioning it on the volume of traffic would be a better
way to go. He indicated that he was uncomfortable with allowing an additional 100
trips and would like to see it less. Vice Chairman Bolin noted that the number of trips is
not within the Board’s purview.
Mr. Boothby moved to approve the Conditional Use/Site Development Plan and
Site Location of Development Modification applications at Crossroads Plaza for CMI, Inc
and Brohill, LLC. applicants. Mr. Gould asked the Board to clarify its intent regarding
the applicant’s request to eliminate the right-in, right-out access on Stillwater Avenue.
Ms. Williams seconded the motion. The Board voted one in favor and six opposed.
Therefore, the motion failed.
Mr. Miller moved to grant Conditional Use, Site Development Plan, and Site
Location of Development Modification approvals to add a drive-thru and canopy for a
pharmacy use (drive-in business) located at the Crossroads Plaza on Stillwater Avenue
in a Shopping and Personal Service District. CMI, Inc. and Brohill, LLC, applicants with
the condition that any future drive-thru use does not generate any more traffic than
what is proposed. The motion was seconded by Mr. Mallar. The Board voted six in
favor and one opposed.
Item No. 4: Conditional Use/Site Development Plan approvals to add a
diesel fuel pump on the north side of the property and
other changes to the approved site plan for the
construction of a convenience store with gasoline sales and
a car wash located at 1065 Broadway in a Shopping and
Personal Service District. Leadbetter Realty Trust,
applicant.
The Public Hearing was opened by Vice Chairman Bolin. Jim Kiser with Kiser and
Kiser and Jeff Leadbetter were present in support of the application. Mr. Kiser
explained that the applicant has made some adjustments to their plans to construct a
gas station, convenience store and car wash at 1065 Broadway. When they were going
through the layout of the site they found that some of the proposed items did not work
out very well. Some of the changes that they made were to reduce the mechanical
room of the car wash, add area to the convenience store, narrow the lane between the
two buildings, and move the diesel pump off of the islands and over to the side of the
facility adjacent to the car wash. Other changes include adding a natural gas line,
removing a vacuum station and creating some additional parking spots. A small
adjustment was made to the stormwater management system as they are now
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proposing internal gutters which will guide the runoff flow out to the front rather than
to the rear.
Vice Chairman Bolin asked for comments from proponents. There being none he
asked for opponents. Vice Chairman Bolin closed the Public Hearing and asked for Staff
comments as no one from the audience spoke. Planning Officer Gould indicated that
this is basically the same project reviewed by the Board in December, 2013. The
applicant made some revisions to the approved site. As presented, Staff felt that the
revised request met the standards for conditional use approval and the plans met the
requirements for submittal.
Mr. Miller moved to grant Conditional Use/Site Development Plan approvals to
add a diesel fuel pump on the north side of the property and other changes to the
approved site plan for the construction of a convenience store with gasoline sales and a
car wash located at 1065 Broadway in a Shopping and Personal Service District for
Leadbetter Realty Trust. Ms. Williams seconded the motion. The Board voted seven in
favor and none opposed.
Other Business
Planning Officer Gould discussed a handout provided by Staff outlining approvals
by the Planning Board during the previous calendar year. The Growth Management
Law requires that every five years there should be an evaluation of what activity is
going on and it’s compliance with the Comprehensive Plan. Mr. Gould indicated that he
didn’t feel that this should wait to be done every five years and Staff gathered this
information for the past year. He noted that the Board does not need to take action
but asked if they had questions or they would like to add items
Mr. Mallar noted that the Board did not take action on the request to eliminate
the restriction for the right-in, right out entrance at the Crossroads Plaza. He
indicated that there is not a vehicle in the Land Development Code to make sure that
items on the plans are put in place. He also suggested that a performance bond on
some of these projects be required to ensure compliance.
Mr. Kenney felt that this was a good idea. He asked Mr. Gould how he viewed
the issue of approval of a drive thru use. Mr. Gould indicated that the Land
Development Code notes a drive-thru use. The Board reviews a specific use but the
Land Development Code classifies it as a broad category. Mr. Kenney asked Staff to
look at this possibly tying it to trip generation. Mr. Gould added that it would be
interesting to see what other communities do.
As there were no further items for discussion, the meeting was adjourned at
8:00 p.m.