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.
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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
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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.
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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.
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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.