HomeMy WebLinkAbout2015-06-16 Planning Board Minutes
(As Amended)
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JUNE 16, 2015
MINUTES
Board Members Present: Paul Bolin, Chairman
Charles Boothby
John Kenney
Wayne Mallar
Julie Williams
Pete Parizo, Alternate Member
City Staff Present: David Gould
Paul Nicklas
Lynn Johnson
Chairman Bolin called the meeting to order at 7:00 p.m. In the absence of Board
Members McCarthy and Miller, Alternate Member Parizo was asked to vote.
Chairman Bolin asked if the Board was interested in entertaining Item No. 3 prior
to the public hearing discussions. Ms. Williams moved that the Board consider Item No.
3 first on the agenda. Mr. Boothby seconded the motion, which carried by a vote of 6
to 0.
Mr. Kenney indicated that because he is employed by the firm that prepared the
plans for this item he felt that he had a conflict of interest.
Ms. Williams moved that Mr. Kinney has a conflict of interest. Mr. Parizo
seconded the motion, which passed unanimously.
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Mr. Boothby indicated that he had a conflict of interest as he is a Board Member
of the Bangor Housing Authority. Ms. Williams moved that Mr. Boothby has a conflict of
interest. Mr. Mallar seconded the motion, which carried by a vote of 4 to 0.
NEW BUSINESS
Item No. 3: Site Development Plan approval to construct a 35,260 sq.
ft. 24-unit apartment building at 100 and 101 First Street
in a Contract Multi-Family & Service District. Bangor
Housing Development Corporation, applicant.
Planning Officer Gould noted that because there were only four Board Members
voting and the applicant would need four affirmative votes for passage, the applicant
would have the option to continue this item until there are more voting members.
Mike Myatt, Executive Director of the Bangor Housing Authority, indicated that
they would like to continue this item until there are more voting members present. Ms.
Williams moved to continue this item to the Board’s next meeting. Mr. Mallar seconded
the motion. The Board voted 4 to 0 in favor.
PUBLIC HEARINGS
Item No. 1: To amend the Land Development Code by changing a
parcel of land located at 300 Forest Avenue from Urban
Residence One District to Contract Government and
Institutional Service District. Said parcel of land
containing approximately .57 acres. Brian Duprey,
applicant. C.O. 15-202.
Chairman Bolin opened the Public Hearing and asked the applicant or their
representative to make a brief presentation of their application.
Mr. Brian Duprey explained that he was previously before the Planning Board
with a zone change request for the same parcel. At that hearing, neighboring property
owners expressed their concerns and the Board recommended to the City Council that it
not be approved. Mr. Duprey indicated that he is now seeking a contract zone change
which would limit the use of the property to a place of worship and a day care center,
limit the gross floor area of the building to a maximum of 5,000 sq. ft. and not provide
any accessory dwelling units or overnight accommodations. The contract zone change
request is to mitigate concerns of the neighbors and the Board. Mr. Duprey said that
this would add to the tax revenue, it would continue as a church with a small day care
center, and the building would be made ADA compliant. He has operated three day care
centers over the last 20 years and he did not know of any complaints against them.
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Doug Belhumuer, a neighboring property owner located behind the church
indicated that the proposed contract zone change eliminated his concerns.
Craig Brigham, who owns property on Elm Street, indicated that he had concerns
with increased traffic. He indicated that while he did not have a problem with the day
care or church he felt that the rush hour traffic would add to the already congested
area. He said that it was very difficult to make a left-hand turn from Elm Street onto
Stillwater Avenue. He asked if the Maine Department of Transportation (MDOT) was
going to allow for a left-hand turn off of the interstate onto Stillwater Avenue.
City Engineer John Theriault noted that last Friday the City received a draft copy
of MDOT’s recommendation which indicated that they were going to recommend it.
However, he thought that it would be late fall of 2016 at the very earliest before it
would be completed.
Mr. Brigham distributed a handout depicting making Milford Street one-way to
Grove Street and installing a light at the corner of Forest Avenue and Stillwater Avenue
as a means to solve the traffic problem in this area. Mr. Brigham asked that the Board
table this discussion until such time as the traffic issue can be addressed.
Mr. Bolin indicated that traffic lights are not in the purview of the Planning Board
but with the City Engineer and the Maine Department of Transportation.
Patty Kladder, a Burleigh Road resident, indicated that Stillwater Avenue is a
major road for this area of the City to access shopping and other amenities. She also
indicated that she felt that the day care would be a valuable service and asset to the
City.
No one else spoke. Chairman Bolin closed the Public Hearing and asked for Staff
comments. Planning Officer Gould discussed the previous zone change request and this
contract rezoning request and indicated that the Board needed to review this to see if
the proposed contract zone change conditions mitigated their concerns with the prior
application.
Mr. Duprey said that he met with the City Engineer to discuss traffic. City
Engineer Theriault explained that in order to install a traffic light there needs to be
enough traffic at that location to warrant one. He indicated that he did not feel that the
intersection of Forest Avenue and Stillwater Avenue would have enough traffic from this
use to warrant the need for a traffic signal.
Mr. Kenney indicated that he was concerned with increased traffic from the
proposed use of the building especially a day care center that could have up to 80
children at this site. Mr. Duprey indicated that they will be licensed for 49 children at
this site.
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Mr. Mallar asked for clarification on the language in Standard A of the contract
conditions for limited to use as a place of workshop and a day care center. He asked if
that standard required both to be in operation. Planning Officer Gould noted that he
was not certain how the facility would be operated. Mr. Mallar asked Assistant City
Solicitor Nicklas if one could exist without the other given the word “and.” Assistant
City Solicitor Nicklas indicated that in his legal opinion, that if one of them were to close
he doubted that we would immediately say the other has to close as well.
Member Boothby made a motion to recommend that the City Council adopt the
contract zone change request for 300 Forest Avenue from Urban Residence One District
to Contract Government and Institutional Service District as contained in C.O. # 15-202.
Mr. Kenney seconded the motion. The Board voted five in favor and one opposed.
Item No. 2: Conditional Use/Site Development Plan/Developmental
Subdivision Plan approvals to construct one duplex
building, 4 four-unit buildings, and 6 six-unit buildings
for a total of 54, two-story single-family attached
residential units (Chapter 165, Section 165-99 D. (1))
located off of Greenfield Avenue and Grandview Avenue in
a Low Density Residential District. TJS Realty, LLC/Paradis
Realty LLC, applicants.
Chairman Bolin opened the Public Hearing and asked for a presentation by the
applicants or their representative.
Attorney Andrew Hamilton and Attorney Jonathan Pottle with Eaton Peabody
along with Joe and Ashley Simpson, Travis Noyes, engineer with CES, Inc., Tom Gorrill,
Traffic Engineer with Gorrill-Palmer, and Attorney Ed Bearor with Rudman and Winchell
were all present in support of this application.
Attorney Hamilton briefly discussed the prior approval process this applicant
went through. Because of delays and it being tied up in the court system, the project
has not been completed. They have exhausted all of their completion date extensions
they now needed to come back before the Board for re-approval. He indicated that
there have not been any changes to the plan except for a raised sidewalk on the east
side of Lupine Way to Essex Street as was suggested at the time of the original
approval. He also noted that since the prior approval, there have not been any
ordinance changes that would affect this application. He discussed the Superior Court
upholding the Board’s approval with the stipulation of dismissal with prejudice.
Mr. Hamilton reviewed the conditional use requirements of the district, as well
as, the four standard conditions for granting approval indicating that the project met
those standards.
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Mr. Joe Simpson, one of the applicants, discussed his proposed project noting
that the units were primarily designed to attract young professionals and older people
wishing to downsize. He indicated that this is the same project as previously approved.
They were asking for re-approval to restart the construction clock.
Travis Noyes, Engineer with CES, Inc., discussed the Site Development Plan
which is for a 54-unit residential development on a 10.92 acre parcel which will be
accessed through a right-of-way off of Greenfield Avenue. They have proposed 3.96
acres of open space (which is an upland area). The site is served by city water and
sewer. The plan has been reviewed by the City Staff of the Engineering and Fire
Departments. The project exceeds all of the minimum requirements and is below all
maximum standards allowable. Mr. Noyes discussed improvements to the stormwater
system which include upgrading the originally designed detention pond to a bio
retention under drain system and installation of tree boxes which look like landscaping.
Tom Gorrill, Traffic Engineer with Gorrill Palmer, discussed the traffic studies
done by Victor Smith at the time of the original approval. He reviewed the studies and
found that the conclusions are still valid. He didn’t feel that this project would create
unreasonable traffic congestion or a hazardous condition.
Mr. Bolin asked if the road would be private. Mr. Hamilton indicated that it
would. Mr. Boothby asked if the raised sidewalk could potentially be a hazard. Mr.
Gorrill indicated that as designed it would not pose a hazard. The raised sidewalk was in
response to the wishes of the Board at the time of the original approval.
Chairman Bolin then opened up the hearing to opponents.
Terri Baxter, a Labarca Lane resident, spoke in opposition. She told the Board
that this is the only development in the City that has access through an existing
development. She indicated that she was very much opposed to this development as
she felt that by adding the sidewalk it would take up some of the street which would
make it very narrow thus making it a safety hazard for the kids who wait for the school
bus, it would create snow removal problems, and she was concerned about who will
maintain it.
Anne-Marie Stroian, 5 Greenfield Avenue, indicated that she felt that this
development would decrease the value of the existing homes (with Labarca Lane and
Greenfield Avenue being the most affected), increase traffic, be a hazard to the kids in
the neighborhood and increase flooding. She told the Board about the water problems
that she has at her home and now needs two pumps to take care of the water in her
basement. She also indicated that she did a survey of the residents in the mobile home
park, on Whisper Drive, and on Darling Parke Drive and of those she spoke with all
were against this development.
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Mr. Gould introduced into the record a petition submitted by Ms. Stroian in
opposition.
Mr. Ray Michaud, an abutting property owner on Essex Street, indicated that he
would not have a problem if this land were developed into single-family homes. He said
that when he purchased his property he was assured that this parcel would be
developed as single-family homes. His property’s value has gone down, it would affect
the quality of life in the area, and would increase traffic. He asked the Board to rethink
this project.
Alan Hunter, 20 Greenfield Avenue, discussed a handout that he distributed to
the Board. He indicated that during this process he did his own wetlands survey and
found vernal pools that were not declared. After his survey the plans were amended to
show an additional vernal pool on the parcel. He outlined the history of activity during
this process. He did not see an urgency in voting on this project as there has been no
activity during the 2014 season. He asked the Board to extend more time to continue
this process.
Matei Ilina, 5 Greenfield Avenue, said that he was hoping that this neighborhood
would stay the same. He was against the development as he felt that the applicant
wanted to build a low-quality development; access runs through an existing
neighborhood of single-family homes; it was not developed 30 years ago because it was
not suitable for development; the existing stormwater in his neighborhood was
miscalculated; flooding is a big issue; it would create a traffic hazard; and he
questioned the credibility of the developer as it was hard to trust someone who hasn’t
started building. He asked the Board how they would feel if they lived in this
neighborhood and someone wanted to build 54 apartments.
Chris Partridge, a Grandview Avenue said that her foundation has cracked due to
the water damage as a result of the poor drainage in the area. She now has to run two
sump pumps. She agreed with the comments made by the other neighbors. She said
that she was told that no one would build on this parcel because of the wetlands.
Mr. Hamilton rebutted by saying that there were inaccurate statements made
and that the project as proposed met the requirements of the Low Density Residential
District and the Land Development Code standards for conditional use, site
development plan and developmental subdivision approvals.
Chairman Bolin closed the Public Hearing and asked for Staff comments.
Planning Officer Gould told the Board that the applicant is seeking approval of a new
application for attached residential. It is not the Board’s responsibility to deal with
other State Agencies and their permitting process. Staff found that the application
meets the conditional use standards of the district as well as the four standard
conditions for granting conditional uses. The application for developmental subdivision
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plan approval also meets ordinance requirements. The Planning Staff did not have a
concern with the application as presented.
Mr. Boothby asked if the applicant had updated a stormwater management plan
for this area. City Engineer John Theriault indicated that the applicant submitted a
management plan that meets City requirements. He noted that the post runoff is less
that pre runoff.
Mr. Kenney asked if there would be a third party erosion control plan monitored
during construction. Mr. Theriault indicated that there was a plan submitted at the time
of the DEP approval process and the City plans to do the monitoring.
Board Members discussed condominium ownership. Mr. Hamilton indicated that
the ownership would be a condominium form of ownership with private road
maintenance.
Board Members also discussed the density and type of development proposed,
traffic and stormwater issues.
Mr. Boothby moved to approve the Conditional Use/Site Development
Plan/Developmental Subdivision Plan with the condition that the condominium
association documents be executed and meet the approval of the City’s Legal
Department. Ms. Williams seconded the motion. The motion passed four in favor and
two opposed.
APPROVAL OF MINUTES
Item No. 4: Planning Board approval of Minutes.
Chairman Bolin indicated that the Minutes of the June 2, 2015 Meeting were in
order. Mr. Boothby moved to approve the Minutes of the June 2, 2015 Meeting as
presented. Ms. Williams seconded the motion. The motion carried by a vote of 6 to 0.
MISCELLANEOUS BUSINESS
Item No. 5: Planning Board Review of Correspondence and Other
Communications from the Planning Office.
This item was continued to the Board’s next meeting. There being no further
items for discussion, the meeting was adjourned at 9:47 p.m.