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HomeMy WebLinkAbout2011-03-15 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 15, 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 Paul Nicklas Jennifer Boothroyd Lynn Johnson Vice Chairman Theeman called the meeting to order at 7:00 p.m. Item No. 1: Election of Officers for 2011. Vice Chairman Theeman asked for nominations for Chairman for 2011. Mr. Damon nominated Mr. Theeman for Chairman of the Planning Board for 2011. Mr. Kenney seconded the motion. There were no other nominations and nominations ceased. The Board voted 7 to 0 in favor of nominating Mr. Theeman as Chairman. Chairman Theeman then asked for nominations for Vice Chairman of the Planning Board for 2011. Ms. Williams nominated Mr. Sturgeon as Vice Chairman for 2011. Mr. Damon seconded the motion. As there were no other nominations, nominations ceased. The Board voted 7 to 0 in favor of the motion to nominate Mr. Sturgeon as Vice Chairman. CONSENT AGENDA Chairman Theeman indicated that because no one wished to remove this item for discussion he would ask for a motion. Mr. Sturgeon moved to approve the 2 Consent Agenda. Mr. Bolin seconded the motion, which carried unanimously. The item approved is as follows: Item No. 2: Developmental Subdivision Plan approval of the approved Planned Group Development consisting of 46 attached residential dwellings in a Low Density Residential District located at 745 Mount Hope Avenue. Meadowbrook Ridge, LLC, applicant. NEW BUSINESS Item No. 3: Site Development Plan and Site Location of Development Modification approvals for a 52 sq. ft. addition to the entry vestibule, to add a new accessible sidewalk and to reduce the number of approved parking spaces from 599 to 543 at 47 Haskell Road in a General Commercial and Service District. Sam’s Real Estate Business Trust, applicant. Mr. Stephen DeCoursey, PE with Bohler Engineering, gave a brief history of the recent approvals for this project with the most recent being in August, 2010. He explained that shortly after receiving that approval, the applicant requested that some changes to those plans be made which necessitated Site Development Plan and Site Location of Development Modification approvals. Mr. DeCoursey explained that the proposed changes to the site are a 52 sq. ft. addition to the entry vestibule, a new accessible sidewalk as suggested by the Fire Prevention Staff and restriping of parking spaces to conform to the Sam’s Club prototype. This prototype involves double striping of the parking spaces which will reduce the number of approved spaces on the site from 599 to 543 which is still more than that required by the Land Development Code. Planning Officer Gould discussed the proposed changes. He explained that prior to this request some of the previously approved landscaping either was not on the site or was planted and died. This new plan shows all of the existing landscaping and what has previously been approved. Also, in the previous approval there was a condition that the lighting fixture that was moved on the site needed to be 25’ in height to meet the Lighting Standards of the Land Development Code. This is now indicated on this plan. Staff recommended Site Development Plan and Site Location of Development Act Modification approvals. Mr. Bolin moved to approve the Site Development Plan and Site Location of Development Act Modification applications to construct a 52 sq. ft. addition to the entry vestibule, to add a new accessible sidewalk and to reduce the number of approved parking spaces from 599 to 543 at 47 Haskell Road in a General Commercial and Service District for Sam’s Real Estate Business Trust, applicant. Mr. Kenney seconded the motion which carried unanimously. 3 Item No. 4: Site Development Plan approval to enclose a walkway and other minor site changes at 931 Union Street in a General Commercial and Service District. Eastern Maine Healthcare Systems, applicant. Chairman Theeman indicated that he had a conflict of interest as the applicant is a sister corporation to the organization of which he is the president. The Board determined that Chairman Theeman does have a conflict and voted 6 to 0 in favor of a motion to recuse him. Mr. Bolin disclosed that he had a conflict of interest as he is employed by Eastern Maine Medical Center. The Board voted 3 in favor and two opposed to a motion that Mr. Bolin has a conflict of interest. Mr. Kenney indicated that because he is employed by the firm that prepared the plans for the project that he felt that he had a conflict of interest. The Board voted 3 in favor and 1 opposed to a motion that Mr. Kenney has a conflict of interest. Mr. Miller indicated that he is on the Board of Trustees for Eastern Maine Medical Center and may have a conflict of interest. The Board voted unanimously (4 to 0) in favor of a motion that Mr. Miller does not have a conflict of interest. Alternate Member Boothby was asked to vote. Vice Chairman Sturgeon took over the meeting and asked for comments from proponents. Mr. Ray Bolduc, PE with WBRC Architects/Engineers, and Addy Dubois with Eastern Maine Healthcare Systems, were present in support of the application. Mr. Bolduc explained that this is a request to enclose a walkway and for approval of other minor site changes at 931 Union Street. Planning Officer Gould explained that this is a request for Site Development Plan approval to enclose an existing covered pedestrian walkway which includes installation of new exterior doors and building-mounted exterior lights. The applicant also seeks approval for changes since the last approval dealing with parking layout and maneuvering. The enclosure of the walkway will result in an additional 1,335 square feet of building floor area. The applicant is proposing rearrangement of parking which will result in no net change in parking spaces. Mr. Gould indicated that there have been various designers involved which has made it difficult to maintain one plan that includes all of the relevant information including the landscaping. As in the past approvals, Staff recommended that the Board approve the plan with the condition that all landscaping on the site be in compliance with the landscape plan(s) approved by the Planning Board on June 25, 2005 and April 21, 2009. Mr. Sturgeon asked if the applicant is in compliance with the landscaping. Mr. Gould indicated that he didn’t know if they were but that the approved plan should be compliant. Mr. Miller moved to approve the Site Development Plan to enclose a walkway and other minor site changes at 931 Union Street in a General Commercial and Service District. Eastern Maine Healthcare Systems, applicant, with the condition that all 4 landscaping on the site be in compliance with the landscape plans approved by the Planning Board on June 25, 2005 and April 21, 2009. Mr. Boothby seconded the motion, which carried by a vote of 5 to 0. Item No. 5: Site Development Plan approval to construct four, two bedroom apartments in the existing building at 88 Walter Street in an Urban Residence 2 District. Anastasios Karageorgiou, applicant. Mr. Ron Bragg, representing the applicant, indicated that he met with Planning Officer Gould to discuss the items that needed to be addressed on the site plan. He indicated that revised plans were submitted to the Planning Office. Mr. Sturgeon asked if there were additional items that are missing from the plan. Planning Officer Gould indicated that there were three things that needed to be addressed; namely, the lighting, building envelope and buffers. Planning Officer Gould indicated that because the revised plans were submitted so late, Acting City Engineer Art Morgan did not have an opportunity to review them. The Board could include those missing items as a condition of approval. Mr. Sturgeon indicated that he was not against the project but would like to continue this until the Board’s next meeting to allow time for all plans to be submitted and reviewed. Mr. Sturgeon moved to continue this item until the Board’s next meeting. Mr. Gould indicated that the Board could continue this item to the special meeting on March 22, 2011. Mr. Sturgeon amended his motion to continue this item to the Board’s March 22, 2011 meeting. Mr. Bolin seconded the motion. The Board voted 7 to 0 in favor. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. Mr. Bolin moved to approve the Minutes of the February 15, 2011 Meeting. Mr. Kenney seconded the motion, which passed unanimously. Other Business Chairman Theeman indicated that letters addressed to the Planning Board from Darryl Lyon, Charles Gilbert, Esq., Mr. Lyon’s attorney, and P. Andrew Hamilton, Esq. were received. Mr. Lyon’s attorney, Mr. Gilbert, indicated that he would not be able to attend the March 22, 2011 Meeting and asked that the TJS Realty item be continued. Mr. Lyon requested that the TJS Realty item be continued. Mr. Hamilton’s letter indicated that all of the applicant’s professional team would be available at that meeting and he requested that the item not be continued. 5 Mr. Sturgeon asked if the abutting property owners could attend. Chairman Theeman indicated that they can but their attorney cannot. Asst. City Solicitor Nicklas indicated that because the meeting notice has been given, that even if the meeting date is changed the Public Hearing must at least be opened on March 22, 2011. Ms. Williams indicated that she had a conflict of interest regarding TJS Realty and would not be voting. Mr. Sturgeon moved that the Board meet on March 22, 2011 and the Agenda contain the TJS Realty, LLC application and the application for Anastasio Karageorgiou at 88 Walter Street. Mr. Kenney seconded the motion. Mr. Damon felt that it was inappropriate to schedule a meeting when the neighbor’s counsel could not be present and indicated that he planned to vote against the motion. Mr. Bolin agreed. Chairman Theeman asked for a vote. The Board voted five in favor and two opposed to the motion. Other Business Planning Officer Gould asked Board Members whether or not they wished to have their contact information disclosed and that they indicate their preference to Staff. The meeting was adjourned at 7:45 p.m.