HomeMy WebLinkAbout2011-07-19 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JULY 19, 2011
MINUTES
Board Members Present: Miles Theeman, Chairman
Paul Bolin
Charles Boothby, Alternate Member
Doug Damon
John Kenney
John Miller
Andy Sturgeon
Julie Williams
City Staff Present: David Gould
Rod McKay
Peter Witham
Jennifer Boothroyd
Chairman Theeman called the meeting to order at 7:00 p.m.
PUBLIC HEARINGS
Item No. 1: To amend the Land Development Code by changing a parcel of
land located at 63 Sixth Street from Urban Residence One
District to Urban Residence Two District. Said parcel containing
approximately .48 acres. City of Bangor, applicant. C.O. # 11-
235.
Chairman Theeman opened the Public Hearing. Mr. Rodney G. McKay, Director of
Economic and Community Development, indicated that the City had acquired the property
under the Neighborhood Stabilization Program (NSP). The federal program allowed
communities to purchase properties that were foreclosed on and rehabilitate them and make
them available to low to moderate income families. Mr. McKay noted that the structure at 63
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Sixth Street was very large and on a large lot for the area. There was some concern that
rehabilitating the existing large structure as a single-family home would be more costly than
they could sell it for under the program guidelines. Community Housing of Maine had
expressed an interest in acquiring the property if it could be used as a four-unit structure. Mr.
McKay noted while at some point the dwelling had been converted to multiple units, no
applicable permitting had been obtained. CHOM was interested in creating four, one-
bedroom units. Mr. McKay noted that they were aware that the Planning Staff had concerns
with the proposed change.
Mr. John Karnes, spoke in support of the zone change and for Community Housing of
Maine (CHOM) for whom he would renovate the property. He noted similar projects that have
been undertaken by CHOM in Bangor with very good results. He added that the Planning
Office’s existing uses should be checked as there may be more dwelling units on parcels in
the neighborhood than represented in the Assessing data.
Mr. Aaron Barnes, who resides at 26 William Street that abuts the Sixth Street
property, spoke in opposition and indicated that he bought his house about two years ago.
The single-family/duplex character of the neighborhood appealed to him. He is now
concerned about multi-family creep in the neighborhood. When the former ice cream factory
was rezoned he was not as concerned as it was to clean up the neighborhood, but this
proposal extends multifamily housing closer to his single-family home. He indicated he would
not be as opposed to two units. He encouraged the City to do more research into the viability
of this property as a single- or two-family dwelling.
Mr. Gary Saunders, who resides at 12 William Street, indicated that he purchased his
home in 2006, and the decision was heavily influenced by the family-friendly atmosphere of
the neighborhood and its close proximity to schools. He indicated that he is concerned about
the “slow migration of rental units” in the neighborhood. If this continues he will begin to
look for a new home for his family, in a nearby community, and he is concerned that others
will do the same, to the detriment of Bangor. He wondered about the eligible income limits
for potential buyers of the subject property, and also encouraged the City to further
investigate its potential as a single-family residence.
Mr. Allen Standley, a resident of 48 Sixth Street, said he has been a resident since
1975. He expressed his concern about the types of people moving into the neighborhood as
renters with absentee landlords.
Mr. Steven Sinclair, a resident of 4 William Street for 18 years, asked if this is a plan
for just this house or the whole block. He had questions about traffic in and out of this
property with four units and a potential parking lot. He indicated that he took care of the
property after the previous owner passed away and he did not see how parking could fit on
the property. Furthermore, he wanted to know how this change to add four housing units for
the homeless will increase the value of his property.
Planning Officer David Gould noted that the Comprehensive Plan Zoning Policy for this
property was Low Density Residential and Urban Residence 1 District. The Planning Staff was
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supportive of the rezoning of the adjacent former ice cream plant as it was seen as an
opportunity to remove the vacant/abandoned building from the neighborhood. Mr. Gould
noted looking back almost 40 years through various Comprehensive Plans this block has
always been identified as low density residential housing. Mr. Gould noted that it was a large
structure and parcel and Staff would be happy to discuss redevelopment of the Pier Street
parcel or some other option, but was concerned that extending URD-2 zoning without a
sound basis would leave the City in an awkward position relative to a subsequent request.
The Planning Board members recommended that the City look at the property’s
viability as a single-family home or duplex. They found that a change to URD-2 was
inconsistent with the Comprehensive Plan, adjacent zoning, and the existing development
within the block.
Mr. Sturgeon moved that the Planning Board recommend to the City Council that the
zone change request located at 63 Sixth Street from URD-1 to URD-2 – City of Bangor,
applicant, C.O. # 11-235 be approved. Mr. Kenney seconded the motion. Planning Board
voted none in favor and seven opposed to the motion, therefore, the motion failed.
Item No. 2: Conditional Use/Site Development Plan approval for
construction of a drive-thru window, canopy, and islands for use
as a bank drive-thru located at 46 Springer Drive in a General
Commercial and Service District. Frost Associates,
applicant.
Chairman Theeman opened the Public Hearing and asked for comments from the
applicant. Mr. Ray Cota representing Frost Associates, introduced Mr. Kevin Whalen with
Katahdin Trust (the proposed tenant) and Mr. Fred Marshall, ALSA, with Plymouth
Engineering. Mr. Marshall described the project and site development plan for a drive-thru
window, canopy, and islands for use as a bank drive-thru located at 46 Springer Drive in a
General Commercial and Service District. Mr. Marshall explained that they propose to
remove the old islands and canopy and install two new islands, and add a new drive-up
window. Five parking spaces will be removed to allow for a pass-by lane.
Board Members had questions regarding pedestrian access on the site, whether there
is a barrier at the end of the proposed ATM, and whether the impervious surface ratio could
be lowered on the site. Mr. Marshall explained that they are proposing a raised curb and
bollard.
No one spoke in opposition and the Public Hearing was closed. Chairman Theeman
then asked for Staff comments. Planning Officer Gould indicated that this is a request for
conditional use and site development plan approvals for construction of a drive-thru window,
canopy, and islands for use as a bank drive-thru at 46 Springer Drive in a General
Commercial and Service District. As the site was developed under the 1974 Zoning
Ordinance, some of the site’s features are grandfathered. At that time, there was no
maximum impervious surface ratio as there is in the current ordinance of .75. The site’s
impervious surface is .84 and the removal of 5 parking spaces will reduce it to .83. The
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applicant’s agent indicates that traffic on-site is not expected to change even with the
addition of the ATM lane. The number and location of vehicle access points to Springer Drive
will not change. The plan does not add floor area that would increase traffic flow even with
the change of the ATM from walk-up to drive-thru. The site is in a location with all urban
services. The applicant has provided building sketches for the Board to determine whether or
not the proposal is architecturally compatible. Because this is a conditional use there are
specific standards that the Board is charged to review such as traffic standards relative to the
conditional use, the ability of the conditional use to meet the facility’s needs for stormwater,
sewer, and electrical, and the details of architectural compatibility.
Planning Officer Gould indicated that the plans were reviewed by the City’s
Engineering Department and were found to be acceptable. The plans meet the requirements
of the Land Development Code for site development submittal and the conditional use criteria
have been met. Staff recommended approval of the project.
Mr. Theeman asked for a motion. Mr. Bolin moved that the Planning Board approve
the Conditional Use and Site Development Plan for reconstruction of a drive-thru window,
canopy, and islands for use as a bank drive-thru located at 46 Springer Drive in a General
Commercial and Service District, Frost Associates, applicant. Ms. Williams seconded the
motion which passed by a vote of 7 to 0.
NEW BUSINESS
Item No. 3: Site Development Plan and Site Location of Development
Modification approvals for driveway widenings and utility
extensions at 489 State Street in a Government and
Institutional Service District. Eastern Maine Medical Center,
applicant.
Mr. Theeman indicated that he had a conflict on this item as the applicant is a sister
corporation to the organization of which he is the President and CEO. Mr. Damon moved
that Mr. Theeman be recused from voting as he has a conflict of interest. Mr. Kenney
seconded the motion which passed unanimously. Mr. Bolin indicated that he had a conflict
on Item No. 3 as the applicant is his employer. Ms. Williams moved that Mr. Bolin be
recused from voting as he has a conflict of interest. Mr. Sturgeon seconded the motion,
which also carried unanimously. Mr. Miller indicated that he is a Trustee for EMMC and asked
if he needed to excuse himself. Ms. Williams asked if Mr. Miller was compensated for serving
on the Board of Trustees. Mr. Miller indicated that he was not compensated. Ms. Williams
moved that Mr. Miller has a conflict of interest. The motion was seconded and the Board
voted two in favor and three opposed. It was determined that Mr. Miller does not have a
conflict of interest. Members Theeman and Bolin were excused from the meeting.
Vice Chairman Sturgeon asked Alternate Member Boothby to vote on this item. Mr.
Doug Rice with Wright-Pierce, presented the project. Also present in support of the project
were Joel Farley, Head of Facilities and Jan McLaughlin, Project Manager from Eastern Maine
Medical Center. Mr. Rice discussed the site development plan and indicated that the
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applicant is proposing to widen the Emergency Room drive for potential two-way traffic, to
grade along the slope behind the hospital, and install electrical system improvements. All of
these proposed changes are steps in the hospital’s Master Plan.
Planning Officer Gould indicated that this project is a precursor to a larger expansion
proposed by the hospital. However, in reviewing this site development plan, Staff had
concerns regarding the two-way traffic proposed at the Emergency Drive. Mr. Gould
indicated that this has temporarily been removed from the proposal and the roadway will be
an entrance only for the time being. The new electrical improvements are in the State Street
right-of-way. The City Forester is requiring that any trees that are removed are to be
replanted. Also, Staff feels that the parking lot upgrades should be required, and the
applicant wishes to re-address this in the spring.
Mr. Kenney asked if the rear road area is left unpaved, if it would address the
stormwater issue. Mr. Gould indicated that it would temporarily address the issue until
further stormwater efforts are done in the spring.
Vice Chairman Sturgeon asked Mr. Rice to address the concerns regarding the two-
way emergency drive and the stormwater issues. Mr. Rice indicated that the applicant is
willing to forgo the two-way access at this time and leave the area to the rear of the site
unpaved if it will allow the applicant to go forward with the rest of the proposal.
Mr. Damon had a question regarding a sidewalk on the emergency drive as he felt
that this is a hazardous condition. Mr. Rice agreed and indicated that they are proposing a
pedestrian safety improvement via a stairway from the parking garage.
Mr. Kenney asked about addressing non-compliant areas of the site. Mr. Rice
indicated that they will address the parking non-compliance issues as needed and that the
right-of-way may have been deeded to the City/State. They have been working with the City
Forester on a replanting plan.
Vice Chairman Sturgeon asked for motion. Mr. Damon moved that the Board grant
Site Development Plan and Site Location of Development Modification approvals for driveway
widenings and utility extensions at 489 State Street in a Government and Institutional Service
District, Eastern Maine Medical Center, applicant, with the conditions that: 1) the
Emergency Drive remain an entrance only; 2) that the impervious paving area along the rear
of the property not be undertaken until water quality measures are approved; and, 3) a plan
be submitted to address noncompliance issues with existing surface parking at the site within
a year. Mr. Boothby seconded the motion which passed by a vote of six in favor and none
opposed. Members Theeman and Bolin returned to the meeting.
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APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes.
Chairman Theeman indicated that the Minutes of the June 21, 2011 Meeting were in
order. Mr. Bolin moved to approve the Minutes of the June 21, 2011 Meeting. Mr. Sturgeon
seconded the motion, which carried by a vote of 8 to 0.
Other Business
Chairman Theeman recommended that an investigation be conducted by the Code
Office regarding the number of units that may be in violation on some properties in the Pier
and Sixth Street area.
Mr. Boothby noted a memo from the Legal Department and suggested that Board
Members be kept up-to-date on any litigation. Board Members supported inviting Assistant
City Solicitor Nicklas to the next Planning Board meeting.
There being no further items for discussion, the meeting was adjourned at 8:44 p.m.