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HomeMy WebLinkAbout2016-04-05 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF April 5, 2016 MINUTES Board Members Present: John Kenney, Chairman Wayne Mallar Dora McCarthy Charles Boothby Pete Parizo Steve Hicks City Staff Present: David Gould Chairman John Kenney called the meeting to order at 7:00pm, he briefly reviewed the Agenda for the evening. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing a parcel of land located at 262 Garland Street from Urban Residence One District to Urban Residence Two District. Said parcel of land containing approximately 14,394 sq. ft. MWC Properties LLC, Jeffrey Mitchell, applicant. C.O. #16- 104. Chairman Kenney opened the public hearing and asked the applicant or their representative to provide a brief overview of the request. Planning Officer David Gould indicated the Applicants representative Stephanie Butler called to say she could not attend the meeting this evening and asked to be continued. Member Mallar moved to indefinitely postpone C.O. #16-104. Member Parizo seconded and the Board voted unanimously in favor of the motion. 2 Planning Officer Gould noted the City Council will be waiting a recommendation from the board. Item No. 2: To amend the Land Development Code by changing a parcel of land located at 96 State Street from Urban Service District to Downtown Development District. Said parcel of land containing approximately .53 acres (23,235 sq. ft.) R.H. Foster Energy, LLC, applicant. C.O. #16-125. Chairman John Kenney asked the applicant or their representative to make a brief presentation of the request. Attorney Andrew Hamilton represented the Applicant R.H. Foster Energy LLC. Mr. Hamilton went on to explain various references as to consistency with the Comprehensive Plan. He noted the contract Downtown Development District allows the building to better utilize the space on the site which tends to be used up by front setbacks from three streets. Mr. Hamilton noted the site is close to the Broadway Historic District and other Downtown Development Districts. Jeff Jeter noted that they believe they can provide a unique store at this location to serve the neighborhood and clean up some of the traffic issues involved with gasoline service. There were no other proponents of opponents to the rezoning request. Member Mallar asked why would the building height need to be so tall, indicating he would rather see a 32 foot maximum height. Architect Miller indicated it’s an issue of the average grade and the sloped roof. Attorney Hamilton thought it is possible to amend the contract conditions to stipulate two stories. Planning Officer Gould indicated the contract conditions add additional limitations to the Downtown Development District. The Downtown Development District opens the door to more flexible setbacks while eliminating the gasoline service use. Moving the building closer to the sidewalk can provide a more pedestrian friendly environment by eliminating automobile conflicts and developing a welcoming building façade which is easily accessible from the sidewalk. Mr. Gould briefly discussed the history of the Comprehensive plan to find appropriate uses for the small older 3 commercial lots on State Street. Mr. Gould noted that he did not believe the Board should alter contract conditions in the midst of review, but indicated the Board members should weigh the concern against the value of revising the condition in a new application. Member Hicks asked if another property asked for similar zoning would the Planning Officer be in support of it. Mr. Gould indicated if the conditions were similar he would find it a sound model for the new development on State Street. Chair Kenney indicated he agreed that a second story is unlikely given it adds additional parking demand to the site. Member Boothby made a motion to recommend the proposed rezoning to the City Council. Member McCarthy seconded the motion. The Board voted unanimously in favor to recommend the City Council approve the rezoning from USD to contract DDD as contained in C.O. # 16-125 be approved. NEW BUSINESS Item No. 3: Final Subdivision Plan and Site Location of Development Modification approvals of a 33-lot residential subdivision located off of Rolling Meadow Drive in a Low Density Residential District. Hampden Home Builders, applicant. Chairman Kenney asked the applicant or their representative to review the project for the Board. Mr. Stan McMillian indicated they were seeking to build a 33 lot subdivision off Mount Hope Avenue, next to Rolling Meadows subdivision for single family homes. Member Boothby asked how they would work around the wetlands. Mr. McMillian noted they had approval to create a 26 acre conservation easement. Member Mallar asked about the make up of the Homeowners association. Mr. Mallar noted he talked with the City Legal Office who found the details of the Homeowners Association well written. Tricia Quirk noted the project would be similar to one in Hampden. The buildings are small one story homes and an exterior maintenance program is available. Planning Officer Gould noted that the Board had in front of them final subdivision approval and approval for the Site Law application. Overall this is a fairly complicated project with many associated agreements and documents. The DEP has 4 granted a Natural Resources Protection Act permit which is needed to fill the amount of wetlands proposed. To accomplish that a 26 acre conservation easement will be held by the City. Mr. Gould noted the list of supporting documents include the improvement guarantee, the road deeds, the conservation easement the wetland compensation fee, etc Mr. Gould noted he specifically wanted the Board and applicant to discuss Lot #59. The lot is being reduced in area from its original size to accommodate the new roadway. While the lot will still meet the lot area for Low Density Residential District (12,000 SF) it will be long and narrow and may not be developable by Rolling Meadows standards. Mrs. Quirk agreed that the available space may not fit the Rolling Meadows standards. She indicated they would accept that it would not be buildable. Mr. Gould distributed to the Board the list of related documents which City Staff will refine with the applicants. Mr. Gould noted he had a Draft Board Order which details the elements of the Site Law Application and approval. Chairman Kenney asked the City Engineer if he had reviewed the plan. Mr. Theriault noted he met with Mr. Kiser several times and is confident that the proposed project is consistent with the City’s standards. Member Hicks asked the City Engineer if the existing ponds were being maintained by the applicant. Mr. Theriault noted they appeared to be maintained. Chair Kenney asked if they had met with the adjacent cemetery and resolved buffer issues. Ms. Quirk indicated they had. Member McCarthy moved to approve the Final Plan for Patriot Place with attached conditions: 1. Lot 59, as amended, shall not be built upon. 2. All subdivision related documents including but not limited to; improvement guarantees, declaration of covenants, conservation easements, deeds, Wetland 5 Compensation Fees shall be executed and in a form acceptable to the City Solicitor’s Office. Member Boothby seconded and the Board voted unanimously to approve the Final Plan with conditions. Member McCarthy made a motion to approve the Site Law Application for Patriot Place with the Following conditions: 1. Standard Conditions of Approval, 2. The applicant shall provide a copy of the executed and recorded Conservation Easement. 3. The applicant shall pay all requisite Stormwater Compensation Fees. 4. The applicant shall provide an executed and recorded Declaration of Covenants. APPROVAL OF MINUTES Item No. 3: Planning Board Approval of Minutes. Chairman Kenney called for a motion on the Minutes of February 16, 2016, March 1, 2016, and March 15, 2016. Member Boothby moved approval of all three sets of Minutes. Member Mallar seconded the motion which passed unanimously. There being no further items for discussion, the meeting was adjourned at 8:10pm.