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HomeMy WebLinkAbout2016-06-21 Planning Board Minutes 1 PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 21, 2016 MINUTES Board Members Present: John Kenney, Chairman Julie Williams Charles Boothby Wayne Mallar Steve Hicks Chuck LeBlanc, Alternate City Staff Present: David G. Gould Peter Witham Paul Nicklas John Theriault Chairman Kenney called the meeting to order at 7:00 p.m. In the absence of Board Member Parizo, Alternate member LeBlanc was asked to vote. CONSENT AGENDA As no one wished to remove the item from the Consent Agenda, Chairman Kenney asked for a motion. Member Boothby moved approval of the Consent Agenda and member Williams seconded it. The Consent Agenda was approved unanimously and is as follow. Item No. 1: Site Development Plan for a third floor 2,490 square-foot apartment addition, 582 square-foot elevator and stair tower addition, and associated site improvements at 120 French Street in a Downtown Development District (DDD). BRELCA, applicant. PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing a parcel of land located off Maine Avenue from Industry and Service District (I&S) to Airport Development District (ADD), Bangor School Department, applicant. C.O. #16-250 2 Chairman Kenney opened the Public Hearing and asked the Applicant to provide the Board with an overview of the request to rezone approximately .39 acres (16,900 square feet) on Tax Map R25, Parcel No. 020. Bangor School Superintendent Betsy Webb provided the Planning Board with the background of the school’s regional program located at 208 Maine Avenue. Dr. Webb noted that since its inception the program has grown and is now in need of additional space. Member Boothby made a motion to recommend that the City Council pass C.O. #16-250 rezoning .39 acres (16,900 square feet) off of Maine Avenue from Industry and Service District to Airport Development District. Member Williams seconded the motion and the Board voted unanimously to recommend that the City Council pass C.O. #16-250. Item No. 3: Preliminary Subdivision Plan for a 10-lot Subdivision at 1746 Stillwater Avenue in a Rural Residence and Agricultural (RR&A) District. Jacky Deng, applicant Chairman Kenney opened the Public Hearing and asked the Applicant or their representative to provide the Board with an overview of the proposed subdivision. Mr. Jim Kiser indicated he represented Mr. Jacky Deng and his brother who were present. Mr. Kiser noted the property was 16 acres which they will subdivide for 10 single family units. The applicant will construct a private road and 10 detached single family homes. One is an existing house and another will be a garage with dwelling unit. Phase I will construct 3 1-1/2 story capes with an attached garage. Phase II will construct 5 single story structures. The buildings will be served by common wells and septic systems. Mr. Kiser stated the owners will maintain the entire project. Chairman Kenney asked for any proponents or opponents. Being none he closed the public hearing. Chairman Kenney asked Mr. Gould for his report. Mr. Gould indicated the application was for Preliminary Subdivision Plan review To construct 10 detached single family dwellings to be rented in the Rural Residence and Agricultural District. Mr. Gould noted that the application and its elements is unique to what the City and the Board have seen before. 3 Mr. Gould noted that the plan proposes common septic systems where typically the subdivider is asked to demonstrate suitability for on-site waste disposal on each lot. Here they are using shared systems. This may be adequate but the approach is not what we typically see in subdivisions as the homes are built subsequent to subdivision approval. This is proposed to be under the Planned Group Development (PGD) provisions 165-69. The intent of that section is to allow one site development to have multiple owners. In this instance the applicant shall be the exclusive owner so as such it does not appear to be a PGD. Mr. Gould noted that the proposed private road is acceptable to the City Engineer. The plan does propose a dry hydrant connected to a small pond on the site that may function as a water supply. The Fire Inspectors are content with this. He noted that the plan calls for two phases. Unfortunately, the phasing plan does not depict the actual improvements in each phase which is what is recommended. The plan does propose multiple principal buildings on a single lot which requires the Board review 165-65 authorizing….” a redistribution of required yard space in harmony with the intent of this subchapter.” While the development table alludes to such redistribution it is not totally clear what yards are included and what the redistribution is. At the request of Member Boothby Mr. Kiser noted he could show the details of each phase of construction. He also noted they could add a note to the plan such that if any ownership changes occur the applicant would return to the board to deal with such documents. The Board discussed the details of 165-65 redistribution of yards and setbacks. The applicant is requesting this for the project as proposed. Mr. Gould noted the Board needs to be clear what it is granting as the buildings will not return to the Board once the subdivision is approved. Chairman Kenney had some concerns as to whether the proposal was consistent with the intent of the Rural District. Assistant City Solicitor Nicklas noted while it’s somewhat complex the Ordinance does appear to allow such an adjustment. Member Williams made a motion to approve the Preliminary Plan with conditions. Member Boothby amended the motion and seconded it. The Board concluded they would have on vote on each element separately. 4 The item failed to pass from a split 3-3 vote. Member Williams moved to reconsider. The motion did not receive a second. The Board concluded the application had failed passage and Mr. Kiser should better depict the setback variations he’s looking for in addition to a better Phasing Plan. NEW BUSINESS Item No. 4: Site Development Plan for a paved vehicle display lot for vehicle sales at 2630 Broadway in an Urban Industry District (UID). American Iron and Metal USA, LLC, applicant The Chair asked for the applicant or their representative make a brief presentation. Mr. Chip Haskell, PE of Civil Engineering Services, indicated that American Iron & Metal (AIM) had purchased additional property and is requesting approval to have a vehicle display lot off Broadway. Planner Gould noted that the City does not have a record that the roadway on which the display lot fronts has been discontinued and that the required B Buffer should be on the applicant’s property. Mr. Gould noted the small expansion of the display lot causes no concerns for Engineering or Planning. The Board discussed the screening requirements for vehicle sales lots and the previous rezoning on the property. Member Boothby moved to approve the Site Plan for AIM at 2630 Broadway with the following conditions; 1) the B buffer be on the applicant’s property, and 2) that the applicant and the Code Office review the existing contract conditions. Member Williams seconded and the Board voted unanimously to approve the AIM site Plan with conditions. Item No. 5: Site Development Plan for a 20-space paved parking lot at 521 Kenduskeag Avenue in a High Density Residential District (HDR). Swan Village, Inc., applicant Chair Kenney asked the applicant or their representative to make a brief presentation to the Board. Mr. Fred Marshall of Plymouth Engineering indicated he was filling in for Scott Braley who had a conflict in his schedule. 5 Mr. Marshall reviewed the history of the project made up of 4 4-unit buildings. He indicated that the proposed plan will add 20 additional parking spaces. Mr. Marshall noted some other adjustments were made during construction which are shown on the revised plan. Mr. Kenney asked Mr. Gould for an overview of the project. Mr. Gould noted that the 20 space parking lot is a fairly simple change. The new parking area is at the rear of the buildings. Mr. Gould did note that the abutter notices were hand delivered Monday. He noted he had heard from one abutter who was unable to make the meeting due to a prior appointment. Mr. Ralph McPherson, of 543 Kenduskeag Avenue indicated he was not in support of the project as it was close to his property had a number of students as tenants and parking was in short supply. He was concerned that the project might devalue his property. The Board discussed the status of improvements on the property and the timing of the City’s notice. Member Mallar moved to continue the review to June 28, 2016 at 7:00pm. Member Hicks seconded and the Board voted 5 in favor and 1 opposed to continue until th June 28 at 7:00pm. APPROVAL OF MINUTES 6. PLANNING BOARD APPROVAL OF MINUTES Member Boothby moved approval of the Minutes of June 7, 2016. Member Williams seconded and the Board voted unanimously to approve the Minutes of June 7, 2016. Being no further items before the Board the meeting adjourned at 8:50 pm.