HomeMy WebLinkAbout2015-12-01 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF DECEMBER 1, 2015
MINUTES
Board Members Present: Paul Bolin, Chairman
John Miller
Charles Boothby
Dora McCarthy
John Kenney
Wayne Mallar
Pete Parizo, Alternate Member
City Staff Present: David Gould
Paul Nicklas
John Theriault
Chairman Bolin called the meeting to order at 7:00pm. Chairman Bolin noted in
the absence of Member Williams, Alternate Member Parizo would be voting.
PUBLIC HEARINGS
Item No. 1: To amend the Land Development Code, Chapter 165-13
Definitions – Landscaping Services and Chapter 165-105 –
Rural Residence and Agricultural District. To define and
regulate landscaping services in the Rural Residence and
Agricultural District. City of Bangor, applicant. C.O. # 16-
013. (Continued from November 17, 2015 Meeting)
Chairman Bolin opened the Public Hearing and Assistant City Solicitor Paul
Nicklas provided the Board with an overview of the proposed amendment. The
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amendment seeks to clarify landscape services as a permitted use and a conditional use
in the Rural Residence and Agricultural District (RR&A District). For many years the
Code Enforcement Office has viewed landscaping service (mowing, planting,
maintenance and care of plants) as an agricultural use in the RR&A District. The
amendment seeks to better define that use and provide some basic development
guidelines to insure its compatibility with other uses in the district. Landscaping will be
large and small and conditional and permitted uses accordingly. The distinction is in
number of employees capped at 4 as a permitted use that would be accessory to a
residential use being a small landscape business. Larger operations must be located on
five acres and a Major Arterial Street.
Ms. McCarthy asked what would become of the Ohio Street Landscaping
Company which is in pending litigation. Mr. Nicklas noted that should the courts rule
that the business is not allowed then it would need to comply with the current
regulations for a Small Landscape Business (that before the Board).
Mr. Miller asked if adopted when the new regulations would become effective.
Attorney Nicklas noted that all Ordinance amendments are effective 10 days after
passage.
Chairman Bolin asked if there was anyone present who wished to speak in favor
of or in opposition to the proposed amendment.
Mary Tedesco Schneck of 2078 Ohio Street noted that she appreciated the work
the City had put into working with the interested parties. She stated that the District is
largely one of rural homes and agricultural activities and could understand how a
landscaping business might fit in, but she did not feel a snow plowing business which is
not accessory to a landscaping concern fit in. She asked if an existing landscape
business could add additional services which they may not be doing now.
Mr. Nicklas noted they could operate any element under the proposed definition
of landscape business.
She also noted through the debate that some landscape businesses may not
have the appropriate permitting that they should and wondered if the language should
include a requirement that such businesses obtain a Certificate of Occupancy such that
it would be clear what activities could take place on the property.
Mr. Kenney asked if the Board could further amend the language to include any
of Ms. Tedesco Schneck’s comments.
Planner Gould noted that the Board needs to evaluate all the details of the
amendment and determine if it wants to recommend adoption or not. The report to the
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City Council will include the Board’s discussion, but the Board’s vote needs to be up or
down.
Mr. Boothby moved to recommend amending Zoning Ordinance Chapter 13
Definitions, and Chapter 165-105 Rural Residence and Agricultural District as contained
in Council Ordinance 16-013. Mr. Kenney seconded the motion and the Board voted
unanimously to recommend the proposed amendment to the City Council.
NEW BUSINESS
Item No. 2: Site Development Plan approval for a 1,100 foot long
driveway, permanent stage, wider seating area, retaining
wall, gravel backstage area, walkways, stairs, statues, and
restroom, utility, & vending buildings at Main, Lincoln, and
Railroad Streets in the Waterfront Development and Urban
Service Districts. City of Bangor, applicant.
Chairman Bolin asked the applicant or their representative to provide an
overview of the project. John Theriault, City Engineer, indicated that the primary intent
of the plan is to provide a second access to the performance area (stage). Secondarily,
the plan will catch up on work that has occurred over the last few years which was not
originally permitted by the Board. Those elements include: the permanent stage, a few
small structures, some stairways, a retaining wall, and other minor features.
All the elements shown have been approved by the Department of
Environmental Protection. Mr. Theriault reviewed the access road from Lincoln Street
leading to a small parking area for buses behind the stage. The access roadway will be
gate controlled so it will not allow access at other times or to the general public. All of
the stormwater associated with the new drive will be treated in a wet-pond.
Mr. Miller asked if there would be new restrooms, as the narrative mentioned
them. Mr. Theriault noted that no new restrooms are being proposed at this time. He
reviewed the new utilities to include a force main line to avoid digging up the access
drive if a new sewer is desired in the near future, and a water line and fire hydrant to
serve behind the stage area.
Mr. Miller asked about the large storage tanks along the Penobscot River and
whether they would be impacted. Mr. Gould noted that the tank along the Penobscot
River provides storage for combined sewer and stormwater flows such that the
treatment plant can keep up with the large volumes during storm events.
Mr. Theriault noted that the proposed design accommodates all new stormwater
and insures its impact is less than the predevelopment condition.
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Ms. McCarthy asked if there were any concerns about traffic exiting the new
drive, whether the buses and large trucks can cross all those lanes to turn left or will
they need to go around Hollywood Slots to get to the traffic signal. Mr. Theriault
indicated that he was not certain that would be an issue given when the vehicles leave
the site. However, that that this will be looked at as the City works on the Traffic
Movement Permit with MDOT.
Mr. Mallar asked when the new drive would be built. Mr. Theriault noted that it
could be started this spring. Mr. Mallar asked how it would be funded and if the City
had budgeted for this expense. Mr. Theriault noted that the City hoped it could work
with the waterfront concerts people to fund the access drive, but could fund it on their
own.
Mr. Mallar noted he was not familiar with some of the plan elements which were
previously constructed but in this approval. He indicated that he would be more
comfortable reviewing some more background on those elements as opposed to making
a decision this evening.
Mr. Kenney indicated he was happy to see the City pursue the second access.
Mr. Miller was curious if the City was going to close Summer Street as it once
proposed. Many of the large concert related vehicles park near Summer Street and he
asked if they would they be relocated to Lincoln Street.
City Engineer Theriault noted that many may move, but they all may not. He
noted that he did the traffic work when he was in private practice but the City never
closed the roadway.
Mr. Gould noted that the plan was sound to move the turning traffic further from
Railroad Street which was seen as a possible significant increase in traffic with
waterfront development. Also, some proposed projects were looking to encroach in the
Summer Street right-of-way, but have since faded. At the last Council discussion on the
subject they opted to not pursue the closure at the time.
Mr. Boothby was concerned that the request, as written, may include more than
was intended relative to restrooms.
Mr. Gould noted he was not too concerned as the application attempted to
incorporate some elements which were previously done, but the plans focused on the
Waterfront concerts site and the proposed access drive. Mr. Gould noted that this
would be the opportunity for those in the audience to speak if they had questions or
concerns for the Board on the plans before them.
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Chairman Bolin asked members of the audience if they had any questions or
concerns to come up to the microphone and address the Board.
Mr. Cliff Huntley noted that he had been to several concerts at the site and found
the lack of permanent restrooms facilities to be a major concern. The cost of
attendance is too high to have patrons put up with portable facilities.
The Chairman noted that the concert site is a city owned property that has a
contractual arrangement with the concert provider who handles much of the support
facilities for the events.
Mr. Bob Curtis, Lincoln Street, noted that he had watched the development of
the Waterfront occur from his residence on Lincoln Street. Many good things have
been done. He was concerned about the changes in the neighborhood as most all the
houses have been demolished and his is the only remaining one. He expressed
concerns that traffic from the access road could prove very problematic when trying to
turn left on Main Street. The overall management of the Lincoln Street access point is
not very specific and could lead to crowds of people, and uncontrolled access at
concerts and nonconcert times which could be a nuisance for his property.
Mr. Boothby made a motion to approve the Site Development Plan for a 1,100
foot long driveway, permanent stage, wider seating area, retaining wall, gravel
backstage area, walkways, stairs, statues, and, utility, and vending buildings at Main,
Lincoln, and Railroad Streets in the Waterfront Development and Urban Service Districts
City of Bangor, applicant. Mr. Miller seconded and the Board voted six in favor and one
opposed.
APPROVAL OF MINUTES
Item No.3: Planning Board Approval of Minutes.
There being no further items for discussion, the meeting was adjourned at 8:08
p.m.