HomeMy WebLinkAbout2016-06-21 Planning Board Minutes
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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
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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.
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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.
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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.
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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
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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.