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HomeMy WebLinkAbout2016-01-05 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JANUARY 5, 2016 MINUTES Board Members Present: John Miller Wayne Mallar Dora McCarthy John Kenney Charles Boothby Pete Parizo, Alternate Member City Staff Present: David Gould John Theriault Vice Chairman Miller called the meeting to order at 7:00 p.m. He noted in the absence of Chairman Bolin, Alternate Member Parizo would be voting. Member Mallar requested that item No. 2 be removed from the Consent Agenda. Vice Chairman Miller called for a motion on the remaining Consent Agenda. Member Kenney made a motion to approve the Consent Agenda. Member Boothby seconded and the Board voted unanimously to approve the Consent Agenda. The items approved were as follows: Item No. 1: Final Subdivision Plan approval to create 1 additional lot at the Bangor Mall Subdivision in a Shopping & Personal Service District. Chick-fil-A, applicant Vice Chair Miller asked if the applicant’s representative could answer any questions from the board. Item No. 2: Final Subdivision Plan approval to create a 3 lot subdivision located at 379 Kittredge Road in a Rural Residence and Agricultural District. Christopher and Joelle Rioux, applicants Mr. Richard Day, a land surveyor with Plisga & Day, addressed the Board. The applicant proposes to construct a home on lot 1. In order to have some assurance concerning the lots 2 adjoining them they have created a few covenants to control what is constructed and some basic property maintenance standards. Member Mallar noted he has no concerns with private covenants but is concerned that when they appear on the face of the Plan, which when the Board signs it, implies that the Board has reviewed and agrees with the covenants as stated. Mr. Day stated in his years of preparing subdivision plans he finds that rural communities are much more likely to request covenants on the face of the plan to make up for any short comings in their municipal land use regulation. In Bangor it is much less likely due to the regulatory strength of the City’s Codes. Member Mallar noted he is not opposed to covenants and understands that they are not enforceable by the City, but feels having them on the face of the Plan infers an acceptance by the Board. Without specific guidance from the legal office Member Mallar noted he would not vote in favor of the plan. Member Boothby moved to approve the Subdivision Plan of Christopher and Joelle Rioux. Member McCarthy seconded, and the Board voted 5 in favor and one opposed. PUBLIC HEARINGS Item No. 3: Conditional Use, Site Development Plan, & Site Location of Development modification, to construct a 4,975 square foot restaurant with drive thru service at 663 Stillwater Avenue in a Shopping and Personal Service District. Chick-fil-A, applicant Vice chairman John Miller opened the public hearing and asked the applicant or their representative to make a brief presentation of their application. Anthony Donato, PE of Bohler Engineering indicated he represented Chick-fil-A in their application for Conditional Use, Site Development Plan and Site Location of Development Act approvals. Mr. Donato introduced Scott Goodson of Chick-fil-A. Mr. Goodson addressed the Board by saying they were very excited about opening the first Chick-fil-A in Bangor. He traveled from Atlanta, Georgia to be here with the Board. Mr. Goodson provided a brief history of the company. Mr. Truett Cathy started it as a single restaurant in 1946, which was open 24 hours a day. In 1967, the restaurant was franchised to various shopping mall locations. As the market changed they started opening standalone restaurants like the one proposed for Bangor. Chick- fil-A uses all fresh ingredients and prepares items by hand each day. Mr. Donato provided an overview of the applications before the Board. The existing site is vacant land along Stillwater Avenue. The 1.8 acre site is bisected by an overhead powerline 3 and an underground water line. The site is zoned Shopping and Personal Service District. The applicant had met with the Maine Department of Transportation to obtain a Traffic Movement Permit. The resulting study looked at two signalized intersections but the trips generated would not alter the level of service at the intersections. Some of the proposed improvements have to do with the existing internal road system at the Bangor Mall. They would try and improve the traffic movement by adding some additional signage and increasing the size of some existing signs. The drive closest to the South Mall access would be stipulated to be a right turn only exit. The center drive would be a full two way drive and the third drive would be signed for “employees only”. The site will have all public utilities. The stormwater design will include both water quality and water quantity measures. The restaurant will have 134 indoor seats and 16 outdoor seasonal seats. Member McCarthy asked about the ring road lane markings. Member Boothby noted that the plan showed it depicted as right turn only. Mr. Donato and City Engineer Theriault both thought it allowed both a through (straight) and a right hand turn movement. Mr. Donato noted it would be corrected on the plan. Member Miller asked if any additional measures would be taken to limit patrons entering from the ring road where it’s designated for right turn out only, especially if pavement markings are obscured by snow. Mr. Donato noted it was to be signed and designed to prohibit left hand turns out. Mr. Miller also inquired why the dumpster was so remote from the building. Mr. Donato indicated it was due to the overhead power lines, no structure can be constructed beneath them. Vice Chairman Miller closed the public hearing and asked for Staff comments. Mr. Gould noted that they had worked with the applicant quite a while getting most all the details ironed out. The application already has a MDOT Traffic Movement Permit. Mr. Gould noted most all Ordinance measures had been met. The Board can vote on each separate permit application or if the Board is of a like mind they may deal with all three applications as one. Member Kenney asked if there was adequate space to access the dumpsters in the present location. Mr. Donato indicated the dumpster was located in the section of the lot designated for employee parking so there should be adequate maneuvering area. Mr. Kenney also asked if someone could clarify the various yards designated on the plan as it seems rather odd. Mr. Gould noted that a few things come into play here. First Stillwater Avenue is a public street so it’s treated as a front yard. The South Mall access road is a private driveway so it is not treated as a street. The Bangor Mall Ring Road was requested by the Mall to act as a roadway such that it could be counted as frontage, which makes it also a front yard. The 4 standard practice has been when a lot has more than one front yard the other yards would be treated as side yards. Member Kenney made a motion to approve Conditional Use, Site Development Plan, & Site Location of Development modification, to construct a 4,975 square foot restaurant with drive thru service at 663 Stillwater Avenue in a Shopping and Personal Service District. Chick-fil- A, applicant. Member Boothby seconded and the Board voted unanimously to approve the applications of Chick-fil-A. NEW BUSINESS 4. PLANNING BOARD DISCUSSION Review and Discussion of proposed amendments to the Nonconformities Section of the Land Development Code 165-14. Planner Gould noted that Assistant City Solicitor Nicklas could not be in attendance and requested that this be tabled until he could present it. APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes. Member Boothby moved approval of the Minutes of December 1, 2015 as written. Member McCarthy seconded, and the Board voted unanimously to approve the Minutes of December 1, 2015. Vice Chairman Miller indicated this would be his last meeting. He had enjoyed his time on the Board and felt good about the direction the City was headed in. He wanted to note the great deal of assistance that was provided by City Staff to the Board. He wanted to wish Lynn Johnson well in her retirement. The meeting was adjourned at 7:53 PM.