Loading...
HomeMy WebLinkAbout2017-03-21 Planning Board MinutesDEPARTMENT OF COMMUNITY ,�L ECONOMIC DEVELOPMENT Planning Division PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 21, 2017 Board Members Present: MINUTES Charles Boothby, Vice Chairman Pete Parizo Dora McCarthy Phyllis Guerette Nelson Durgin Steve Hicks Chuck LeBlanc, Alternate Member City Staff Present: David G. Gould, Planning Officer John Theriault, City Engineer Paul Nicklas, Asst. City Solicitor Vice Chairman Boothby called the meeting to order at 7:00p.m. PUBLIC HEARINGS Item No. 1: To amend Chapter 165, Land Development Code of the City of Bangor, By Eliminating the Setback Requirements from Railroad Rights of Way in the Waterfront Development District. City of Bangor, Applicant — Council Order #017- 103 -This Item was continued from the March 7, 2017 Meeting Vice Chair Boothby opened the Public Hearing and Assistant City Solicitor Paul Nicklas provided the Board with an overview of the proposed amendment undertaken by Staff to eliminate the side and rear setbacks for properties which abut the railroad property (rail line) in the Waterfront Development District. Mr. Nicklas noted the rail line is somewhat unusual in that it does not house structures, but a rail line which is somewhat separated from the property line, therefore to need for setbacks on adjacent parcels is less acute. 0) Member Durgin asked how the right of way is defined. Mr. Nicklas noted the property was all owned by the Railroad and the City acquired it. The Railroad retainedl ownership along the rail track at a width of fifty feet. Member McCarthy asked if the lack of access around a building might cause some issues. Mr. Nicklas noted in other locations there are little or no setbacks which can be designed around. Being no other proponents or opponents the public hearing was closed. Member Durgin moved to recommend amending Zoning Ordinance Chapter 165, Schedule A to reduce the side and rear setbacks in the Waterfront Development District to zero as contained in Council Ordinance 17103. Member LeBlanc seconded and the Board voted six in favor and one opposed to recommend C.O. #17-103. Item No. 2: 915 Odlin Road -- Lane Construction Corporation — Conditional Use and Site Development Plan of Approval — Continuation of existing quarry located at 915 Odlin Road in Urban Industry District. Vice Chair Boothby opened the Public Hearing and asked the applicant to provide an overview of their application. Gene Weldon, Environmental Manager of Lane Construction Corporation introduced the people with him; Brian Raymond, John Byer, Kelly Cyr, Sarah Nicholson, PE of Woodard & Curran, Edmond Bearor, Esquire of Rudman & Winchell. Mr. Weldon noted that Lane has had a long term presence at this location and as the City has amended their Land Use Ordinance Lane has continued to operate blasting, quarrying, crushing, washing and processing mineral aggregates at this location. Mr. Weldon noted that in addition to City of Bangor permits, Lane operates under State and Federal guidelines and requisite permitting. Sarah Nicholson, PE provided the board with a brief overview of the site and its operations. Lane owns approximately 109 acres in Bangor, the active quarry is about 83 acers, with 26 acres in processing and other management areas. Member Durgin asked if Lane was seeking any variances in this application. Ms. Nicholson indicated no, they are requesting the Board waive the requirement of providing 50 foot to the inch plans over the entire site as it would involve a great deal of paper and not add much to the understanding of the large site. Q Vice Chair Boothby asked if there were other proponents or opponents who wished to address the Board. Mr. Bruce Biette, C.O.O. of Blueberry Broadcasting located on Target Industrial Circle wanted to be on the record of having a concern about dust emanating from the site and impacting their property at 184 Target Industrial Circle. The dust and particulates seems to have increased over time. It gets on automobiles in the parking lot, it is taken in by their HVAC equipment, and their employees have concerns as to respiratory concerns and health impacts. Mr. Biette distributed a photo of automobiles with accumulations of dust on them. He noted he recently had a conversation with Mr. Weldon and are discussing mitigation options. Member Parizo asked where Blueberry was located. Mr. Gould noted that Target Industrial Circle is on the other side of the Railroad track shown on the pian. Mr. Biette noted they have been there for 8 and one half years. The blasting is what first made them aware of the quarry operation. He noted that season, weather and wind all impact the dust which may impact their site. Member LeBlanc noted that the quarry excavation is most distant form Target Circle. Vice Chair Boothby asked if lane had any additional comments. Mr. Weldon indicated he welcomes the opportunity to work with Blueberry Broadcasting knowing that they have a concern, gives us an ability to deal with it. All the processing equipment has water systems to control dust. At times, if conditions are poor, they can even shut down operations till conditions improve. Vice Chair Boothby asked if any vegetative buffers could be added along that portion of the site. Mr. Weldon indicated it was a rail spur which is not uncommon adjacent to quarry operations, but not conducive to tall woody vegetation. A substantial list of abutters are notified prior to blasting activities and Lane will continue to talk with its abutter concerning concern that arise. Mr. Boothby hearing no more comments closed the public hearing. Member Durgin made a motion to approve the Conditional Use and Site Plan approval applications. Member Hicks seconded the motion and the Board voted seven in favor 0 and none opposed to approve the Conditional Use Permit and Site Development Plan for lane Construction to operate a quarry at 915 Odlin Road in an Urban Industry District. APPROVAL OF MINUTES Item No. 3: Planning Board Approval of Minutes Member Durgin moved to approve the Minutes of March 7, 2017 as written. Member Hicks seconded the motion and the Board voted unanimously to approve the Minutes of March 7, 2017. ANNUAL REPORT Item No. 4: Review and Discussion of Draft Annual Report Planner Gould noted that this was a Draft of the Planning Board actions in 2016. He noted he wanted the Board to see it and mare any comments on content, organization or other, prior to it being forward on to the City Council. Member Boothby noted the report was a good listing or the items reviewed by the Board in 2016. ADJOURNMENT Member Hicks wanted to extend his appreciation to Peter Witham for his work in the Planning Department now that he has retired. With no other items on the Agenda the Board adjourned the meeting at 7:40.