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HomeMy WebLinkAbout2016-07-19 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF July 19, 2016 MINUTES Board Members Present: John Kenney, Chairman Julie Williams Charles Boothby Wayne Mallar Steve Hicks Pete Parizo City Staff Present: David G. Gould Peter Witham John Theriault Chairman Kenney called the meeting to order at 7:00 p.m. Member Parizo indicated he may have a conflict on item No. 4. Member Boothby moved that Member Parizo had a conflict on item No. 4. Member Williams seconded and the Board voted four in favor and one opposed that Member Parizo had a conflict and could be excused. 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 to change existing 22,550 sq. ft. building use from skating rink to retail and construct 5,799 sq. ft. addition for retail use at 82 Sylvan Road in a General Commercial & Service District. Ellis Entertainment, applicant Item No. 2: Site Development Plan to fill and grade area adjacent to the existing apartments, located at 730 Union Street, in a Multi-Family & Service District. Longrale Apartments (Vance Aloupis), applicant. 2 Item No. 3: Site Development Plan to add a 682 sq. ft. performer trailer, 435 sq. ft. beverage station, 224 sq. ft. backstage entrance security trailer; 139 sq. ft. of pavers around Sister City Monument, four new parking spaces near bus parking in Waterfront Development and Urban Service Districts. City of Bangor, applicant Item No. 4: Site Development Plan approval for a 1,440 sq. ft. Temporary Wellness Center at 1 College Circle in a Government and Institutional Service District. Husson University, applicant Item No. 5: Final Subdivision Plan approval to revise property lines at 1846 Ohio Street in a Rural Residence and Agricultural District. Terri B. Vanidestine & Sandra P. Bacon Living Trust, applicant PUBLIC HEARINGS Item No. 6: To amend the Land Development Code by changing a parcel of land located off State Street from Low Density Residential (LDR) to High Density Residential (HDR), Julie Sites, applicant, C.O. #16-272 Chairman Kenney opened the Public Hearing and asked the applicant to provide the Board with an overview of the rezoning request. Ms. Julie Sites indicated that she was requesting a rezoning to High Density Residential for a two-acre parcel located off State Street. Chairman Kenney asked for any proponents or opponents to the rezoning request. Mrs. Linda Savage of Hempstead Avenue indicated she owned an abutting property and used to live in the neighborhood. She indicated she was not in favor of high density zoning which could change the character of the area. She noted it would add additional traffic to a quiet single family area. She was also concerned that such a zoning change could impact the property values in the neighborhood. Planning Officer Gould indicated that the request was to rezone two acres of land from Low Density to High Density Residential for two acres of land at the back of the Eagle Crest apartments off State Street. The Comprehensive Plan’s Land Use Policy map dating as far back as 1979 has identified this area as suitable for high density housing. Mr. Gould noted that along Hogan Road there are a number of older 3 single family homes. To the north is the State of Maine property which is used by MDOT and the Elizabeth Levinson Center. To the east is where the land use is a sparsely developed single family setting which also is where the historic William C. Peters House is located. Member Williams made a motion to recommend the City Council pass C.O. # 16-272, amending the Zoning off State Street from Low Density Residential to High Density Residential for 2 acres of land, Julie Sites applicant. Member Boothby seconded the motion and the Board voted 4 in favor and 2 opposed to recommend the City Council pass C.O. # 16-272. Item No. 7: Conditional Use and Site Development Plan approval for a bar, tavern, or lounge proposed at 32 Main Street in a Downtown Development District, Happy Endings, Inc., applicant Chairman Kenney opened the Public Hearing and asked the Applicant or their representative to provide the Board with an overview of the project. Melissa Smith indicated it was her intent to obtain Conditional use and Site Development Plan approval to operate a martini and desert bar. Chair Kenney opened the Public Hearing and asked for any proponents. Mich Delargy owner of the building found this a great use of the property. It fits in well with other uses on Main Street. Being no further proponents or opponents the Chair asked for staff comment. Planning Officer Gould stated the request was for Conditional Use and Site Development Plan approval to operate a Bar, Tavern or Lounge in the Downtown Development District (DDD). The regulation of clubs in the DDD began in the mid 1990’s when a few clubs opened up in previously vacant space. Large crowds, and noise moved from the clubs to outside late at night, creating some concerns for adjacent residential properties. The City adopted standards for such uses in the District including hours of operation, occupancy limitations and noise standards. When treated as a Conditional Use there are standards for traffic and architectural compatibility, both of which have little impact on these limited uses. The trip generation of a 45 person club is very low. Where most of the downtown is in a historic district any exterior changes are reviewed by the Historic Preservation Commission which tends to maintain the uniformity of the buildings. 4 Member Williams wanted clarification on the standards and the detail provided by the applicant. Mr. Gould noted that it was an illustrative example, not a limitation as to what was allowed. Member Boothby asked how occupancy numbers would be controlled. Ms. Smith indicated they would have Staff control access in and out of the building such that they could maintain occupancy below maximum levels. Member Williams made a motion to approve Conditional Use and Site Development Plan approval. Member Boothby seconded the motion and the Board voted unanimously to approve the Conditional Use Permit. Item No. 8: Preliminary Subdivision Plan for a 10-unit 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. 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. At the last meeting the Board had concerns with the RR&A setbacks. Working with Mr. Gould the number of buildings which would need reduced setbacks is considerably reduced. Mr. Kiser noted that they had made the adjustments to the phasing plan but are still trying to estimate the time lines involved. Chairman Kenney asked Mr. Gould for any additional comment. Mr. Gould noted the phasing plan is now well depicted. The only question that remains is the timing of the second phase. The applicant has come up with a much better plan dealing with RR&A setbacks. Chair Kenney asked what section in the Land Development Code allows the setback flexibility. Mr. Gould noted it was in 165-65 “Yard space for group buildings”. Chair Kenney did not think the Planned Group Development standards fit this project. 5 Mr. Gould agreed, the project does not propose any changes in ownership which is just what PGD is for. Member Parizo moved to approve the Preliminary Plan. Member Boothby seconded and the board voted unanimously to continue. Item No. 9: Amending the Land Development Code, Chapter 165, Section 165-48 Timber Harvesting within the Shoreland zone. C.O. #16-273 The Chair asked for the applicant or their representative make a brief presentation. Planning Officer Gould indicated the proposed amendment would shift administration and enforcement of timber harvesting from the City to the Maine Forest Service. Mr. Gould reviewed the history of the change in Shoreland Zoning and the staff’s desire to allow the Forest Service to undertake that element. While Bangor does not have any large ponds or lakes we do have the Penobscot and some streams which are subject to such regulation. Given the development within the City there are few places where large scale timber harvesting takes place. The Board discussed the State’s resources to oversee additional obligations and the limited scope of timber harvesting in Bangor. Member Williams moved to recommend C.O. 16-273 Amendment to the land Development Code designating the Maine Forestry Service to administer and enforce timber harvesting within the Shoreland Zone. Member Hicks seconded and the Board voted unanimously to recommend the proposed change to timber harvesting in the Shoreland Zone. APPROVAL OF MINUTES Item No. 10: 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. There being no further items before the Board the meeting adjourned at 8:50 pm.