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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 2 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 3 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. 4 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. 5 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.