HomeMy WebLinkAbout2015-02-17 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
FEBRUARY 17, 2015 MEETING
MINUTES
Board Members Present: Paul Bolin, Chairman
Charles Boothby
John Kenney
Wayne Mallar
Dora McCarthy
John Miller
Pete Parizo, Alternate Member
City Staff Present: David Gould
Chairman Bolin called the meeting to order at 7:00 p.m. Chairman Bolin noted
that because he is an employee of Eastern Maine Healthcare Systems he had a
potential conflict on Item No. 1.
Mr. Miller moved that Chairman Bolin, being an employee of Eastern Maine
Healthcare Systems, one of the co-applicants, did indeed have a conflict. Mr. Mallar
seconded the motion and the Board voted unanimously that Mr. Bolin had a conflict.
Mr. Bolin was excused and Vice Chairman Miller presided over the meeting.
NEW BUSINESS
Item No. 1: Minor Subdivision Plan and Planned Group Development
approvals of a two-lot subdivision located off of Sylvan
Road in a General Commercial and Service District.
Eastern Maine Healthcare Systems and Darling’s,
applicants.
Vice Chairman Miller asked the applicant or their representative to make a brief
presentation of their application.
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Mr. Sean Thies, P.E. of CES, indicated he represented EMHS and Darlings Inc. in
this minor subdivision application. They are requesting that the existing EMHS lot be
split and a private roadway be approved such that Darling's can acquire the former
satellite parking lot which EMHS created in 2005 but no longer needs. The parking lot
provides space for Darling's inventory in close proximity to their sales lots.
Mr. Mallar had a question as to whether the proposal would create a flag lot.
Planning Officer Gould attempted to clarify the request. The applicants are
requesting an approved private street; while the rear lot does include a long one-foot
strip of land it does not alter the request nor create a flag lot. The rear lot will have
access from the private roadway and will have adequate lot width at the setback line
from the private roadway.
Mr. Mallar noted that he was concerned that the long strip would prevent access
and limit future development of the adjacent lot as it would not have access to the
private road or potentially a public roadway in the future.
Mr. Thies noted that in discussions with City Staff it was noted that the adjacent
residential neighborhood had concerns about commercial development abutting their
subdivision. The one-foot strip was a means to control access onto the private road.
Mr. Mallar was concerned that the limitation on access would hinder future
development on the adjacent property.
Mr. Thies noted that the adjacent lot, which now contains two hotel buildings,
has frontage and access on Sylvan Road.
Mr. Boothby asked if the existing roadway met the standards for private
roadways.
Planning Officer Gould noted that unfortunately there are no specific standards
for private roads. In this instance, the City Engineer has provided the Board with a
brief Memorandum which indicates that they have reviewed the existing roadway
details and find it suited to the anticipated uses and traffic that it may generate.
Mr. Charles Rohn, Executive Vice President of Darlings Inc., indicated that they
are pursuing a fairly simple split of property which contains a parking lot no longer
being used by EMHS. The details of the split and private roadway have taken much
longer than was anticipated.
Vice Chairman Miller asked Mr. Gould for Staff comments. Planning Officer
David Gould told the Board the application was for a two-lot, minor subdivision which
included a private street. The application before the Board utilizes two methods to
accomplish this: 1) approval of a private street, a provision in the Land Development
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Code which allows a subdivider to construct a roadway which will be owned and
maintain by private parties, not the City. Typically they can be troublesome in that the
buyers of the lots are not often fully aware of their obligations; and, 2) a Planned
Group Development (PGD) allows two separate owners to have developments which
function as one even when the ownership is separate. In this instance the parties who
will own the properties are both aware of the responsibilities and obligations from the
beginning. The proposal is splitting a 19-acre parcel into two large parcels. There does
not appear to be an instance where they are seeking to create multiple lots along a
private roadway. In conclusion, while there are some drawbacks to private streets, the
proposal before the Board does not raise any concerns. Staff would recommend that
the Board's approval be subject to the execution of the PGD document.
Mr. Boothby moved to approve the Minor Subdivision of EMHS and Darlings with
the condition that the Planned Group Development agreement be executed by the
parties. Mr. Kenney seconded the motion, and the Board voted 5 in favor 1 opposed.
Chairman Bolin returned.
APPROVAL OF MINUTES
Item No. 2: Planning Board Approval of Minutes.
Planning Officer Gould noted that the Minutes of February 3, 2015 were not yet
ready for Board consideration.
Item No. 3: Other Communications
Planning Officer Gould noted that Staff had followed up on two pending
Ordinance Amendments. The Board reviewed the changes Staff made in response to
the Board’s discussion regarding the LDR and HDR Amendments with changes made by
Staff highlighted in red. Changes were made to the Statement of Purpose to both LDR
and HDR to reflect the concerns raised by the Board. The existing standard for
congregate housing was adjusted such that a small facility could be built which would
not require a minimum of five acres.
The Board did not have any further concerns or adjustments. Mr. Gould noted
that the Assistant City Solicitor had some concern regarding language as to project size
or development size and wanted it to be consistent. The Board indicated they would
like to see this in its final form before being initiated for public hearing.
Planning Officer Gould noted the Staff was still reviewing the final language and
will likely present two choices to the Board. Mr. Miller noted that this clarification
concerning traffic impacts is timely and needs to be clarified. Mr. Gould noted the City
is well suited with John Theriault and his traffic engineering background.
The Board moved to adjourn at 8:05 p.m.