HomeMy WebLinkAbout2015-10-06 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF OCTOBER 6, 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
Peter Witham
Chairman Bolin called the meeting to order at 7:00 p.m. and noted in the
absence of Member Williams, Alternate Member Parizo would be voting.
CONSENT AGENDA
As no one wished to remove any items from the Consent Agenda, Chairman
Bolin asked for a motion. Member Boothby moved to approve the Consent Agenda.
Member Kenney seconded the motion and the Board voted unanimously to approve the
Consent Agenda. The items approved are as follows:
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Item No. 1: Site Development Plan and Site Location of Development
Modification approvals of a 1,360 sq. ft. paver patio with a
200 sq. ft. building addition in front of the patio at 185
Indiana Avenue in a Government and Institutional Service
District. Penobscot Community Health Care, applicant.
Item No. 2: Site Development Plan and Site Location of Development
Modification approvals to construct a 16’ x 60’ cover/roof
over an existing loading dock located at 534 Griffin Road in
an Airport Development District. General Electric,
applicant
PUBLIC HEARINGS
Item No. 3: Conditional Use/Site Development Plan approvals to
construct a 28’ x 42’ garage, add a 17’ x 14’ canopy and
other parking and site improvements at 995 Union Street in
a Shopping and Personal Service District. Lima Realty
Holdings, LLC, applicant.
Chairman Bolin opened the Public Hearing and asked the applicant or their
representative to provide the Board with an overview of the project. Mr. Stan Plisga, a
surveyor with Plisga & day, indicated he represented Lou Lima with Lima Realty
Holdings, LLC. The project involves adding a garage structure to the back of the site to
store vehicles and other equipment. The plan will extend the queue space to allow for
more drive thru stacking. Some parking spaces will be realigned for accessibility and a
new larger loading zone will be created at the rear of the lot. The buffers will be
restored and extended to encompass the expanded development area. In summary, the
changes should improve the functionality of the site.
There were no proponents or opponents. Chairman Bolin closed the Public
Hearing and asked for Staff comments.
Planning Officer Gould indicated the plan provided is essentially a revision to the
one approved in 2000. The prior plan did not include the canopy structure over the
drive-thru which was constructed. The layout lengthens the queuing space available so
it should improve on-site stacking from the present condition. The changes do not
impact trip generation at the site so traffic impacts should be consistent with existing
operations. The plan does add a new accessory structure to the rear of the site and
restores and updates the landscape buffers.
Mr. John Theriault, City Engineer, noted he had some concern that the grading
of the rear of the site may lead to further stormwater issues on neighboring properties.
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Mr. Plisga noted there was very little change in topography so it likely will not be
represented by a change in 2-foot contour intervals. Mr. Plisga noted it was their intent
to drain stormwater away from and to ponded areas as indicated on the plan. Mr.
Theriault noted he understood the limitations of the topography and hoped the site will
drain as proposed.
Member Mallar noted that the intent of the landscape buffers is that they are
intended to be maintained at the site and needed to be cared for after initial
installation.
Member Kenney moved to approve the Conditional Use and Site Development
Plan to construct a garage, add parking spaces, lengthen the drive thru lane and other
site improvements to Lima Realty Holdings LLC at 995 Union Street in a Shopping and
Personal Service District (S&PS). Member Miller seconded the motion and the Board
voted unanimously to approve the Conditional Use and Site Development Plan of Lima
Holdings LLC.
Item No. 4: Conditional Use/Site Development Plan approvals to
reconstruct the existing mobile home park located at 1343
Ohio Street in a Rural Residence and Agricultural District.
Colonial Pines Real Estate, LLC, applicant.
Chairman Bolin opened the Public Hearing and asked the applicant or their
representative to provide the Board with an overview of the project. Mr. Al Hodsdon,
PE, indicated that he represented Colonial Pines Real Estate LLC. Mr. Hodsdon noted
that Nick Champaign was also present at this meeting.
Mr. Hodsdon noted that back in the 1950’s the park was permitted by the City
for 62 or 63 mobile homes. The State Manufactured Housing Board approved 60 mobile
homes. Those were small lots around 2,000 square feet. New mobile homes will not fit
on those lots. Based on the City’s regulations the park can be reconstructed with 4,000
square foot lots but the Manufactured Housing Board is requiring a minimum of 5,000
square foot lots. The City’s reconstruction language will not allow the footprint of the
park to expand beyond its current area which translates to 33 lots. All lots will have new
mobile homes on slabs. The reconstructed park will have new sewer lines, new water
lines, and streets. The park will add lighting and buffer plantings as required. All the
units would be owned by the park and rented.
Chairman Bolin asked Planner Gould for his report. Mr. Gould noted that the
application is for Conditional Use and Site Development Plan approvals. The Mobile
Home Park section of the Land Development Code has specific standards for the
reconstruction of an existing mobile home park. The existing lots are small and do not
accommodate newer larger mobile homes.
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Mr. Gould noted that some years ago there was an existing park on Union Street
that was reconstructed in accordance with similar standards and it has worked out very
well. The existing park has problems every year due to the age and condition of its
infrastructure. Mr. Gould indicated that what is unique about Colonial Pines is that it has
much more land than is occupied by the park. The reconstruction section of the Code
requires the plan to decrease the density. The lot coverage cannot increase, and the
mobile homes cannot be located any closer to adjacent properties than presently exist.
Lastly, the standards ask the applicant to demonstrate to the Board that the standard
mobile home park standards are not financially feasible and the reconstruction
standards are the only way to make the project feasible.
Mr. Gould noted that the reconstructed park will not increase the trip generation
of the park, and will provide for new sewer and water utilities including a fire hydrant.
All of the new units will have a pitched roof and typical hardboard siding. Mr. Gould
noted that the City Engineer reviewed the design details and was present to answer
questions of the Board.
Mr. Kenney asked Mr. Gould what were the differences between the standard
mobile home park and a reconstructed park. Planner Gould indicated that the
standards for new parks require a larger lot size (6,000 SF), setbacks of 50 feet from a
park boundary, larger pavement and right-of-way widths and open space standards.
Mr. Kenney asked what the applicant had done to meet the financial test (undue
economic hardship).
Mr. Hodsdon noted that in his discussions with the applicant the number of lots
would decrease, and the road system would have to be redesigned at a substantially
greater cost. With fewer units it would bring in less revenue and likely make it
unfeasible. Mr. Hodsdon noted the very first row of lots, originally there were four
mobile homes, they were reduced down to three and with the 5,000 SF lot size only
two will fit.
Chairman Bolin asked for any public comments from the audience.
Ms. Carol Ross noted several of the existing park tenants had asked if she could
represent them and noted that some even own the units they reside in. If the park is
reconstructed they may not be able to stay in their existing units. They were concerned
that they will have no options to relocate elsewhere. If forced to connect to Bangor
Water District lines this will mean that they will likely have an additional utility bill to
pay and they prefer well water.
Mr. Frank Ouellette indicated that he and his father own the adjacent property to
the south and presently have access and parking to their homes from the park. They
also have arrangements with the park to get power, sewer, and water from the park.
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Mr. Hodsdon responded that he thinks the arrangements for the Ouellettes can
be maintained. He noted that possibly existing unit owners can upgrade to a newer unit
as a rental. They are all avenues which the owners would be open to.
Member Mallar asked if the buffer should extend further along the edge of the
boundary line. They reviewed the land and where the existing tree line was depicted.
Mr. Hodsdon noted that the buffer will be extended where needed to provide the 5 foot
screening buffer as requested.
Chairman Bolin indicated the Public Hearing was closed.
Mr. Parizo asked if the Board would need to clarify the discussion concerning shared
access and utilities. Mr. Gould noted that the Board only has the authority to deal with
the plan before them. Other existing details should be handled between the Owner and
the neighbors.
Other Board Members shared the same concern and should the approval include
other details and whether they should return to the Board.
Mr. Kenney noted that all the utilities and roadway are privately owned by the
Mobile Home Park. None of the other interconnections are included in the plans
provided to the Board for approval.
Assistant City Solicitor Nicklas noted that should any adjacent property wish to
develop their property further they would need to demonstrate that they have adequate
utility service access and other details as required under the Land Development Code
which may be through the Code Office or the Planning Board depending on what is
proposed.
Mr. Miller moved to approve the Conditional Use and Site Development Plan for
Colonial Pines Real Estate LLC to reconstruct the existing mobile home park at 1343
Ohio Street into a 33 lot mobile home park in a Rural Residence and Agricultural
District. Mr. Boothby seconded the motion and the Board voted unanimously to
approve the Conditional Use and Site Development Plan to reconstruct the Mobile Home
Park at 1343 Ohio Street.
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NEW BUSINESS
Item No. 5: Planning Board Discussion of proposed amendment to the
Rural Residence and Agricultural District for landscaping
businesses.
Assistant City Solicitor Paul Nicklas updated the Board on the new elements of
the proposed changes to landscaping businesses in Rural Residence and Agricultural
Districts.
The proposed language includes a definition of what landscaping businesses are.
It creates a two tiered system; one for small landscape businesses and one for large
landscape businesses). The distinction is defined by the number of employees (limited
to four for a small landscape business. A large landscape business has more than four
employees and would need to be on a Major Arterial Street, on a parcel of five acres or
more, and receive conditional use approval.
Mr. Mallar asked how the language deals with snowplowing and maintenance of
snowplow equipment. Mr. Nicklas indicated that snow plowing is part of the
landscaping definition. As to repairs, it is unlikely that in the midst of a snow storm that
the plow crew would spend their time on an extended vehicle repair as the snow
continues to fly. Secondly, snow plowing in and of itself creates a certain amount of
night time noise and activity which would seem to be equal or less than potential repair
work.
Some Board Members asked how the City would track number of employees.
Mr. Nicklas noted the Code office has some experience in dealing with employee
limitations as it is in the home occupation standards. As for subcontractors, the
evaluation would be made as to who and how many folks show up at the base of
operation, four or more than four. A subcontractor would have no specific reason to
come to the base of operation as they likely already have their own.
The Board discussed the various buffer options for the two tiers.
Mr. Kenney asked what group or groups were used to formulate this draft.
Mr. Nicklas noted he and other staff (Planning & Code) had met with the
Business and Economic Development Committee, the Planning Board and a group of
stakeholders on both sides of the issue.
Chairman Bolin noted that the current draft has better clarity than the original
version. Mr. Miller noted that in his years on the Board he could not ever remember a
landscaping application before the Board. Mr. Gould concurred.
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APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes.
Chairman Bolin noted that there were no minutes for consideration at this time.
There being no further items for discussion, the meeting was adjourned at 8:08
p.m.