HomeMy WebLinkAbout2010-10-05 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF OCTOBER 5, 2010
MINUTES
Board Members Present: Allie Brown, Chairman
Paul Bolin
Doug Damon
John Kenney
John Miller
Andy Sturgeon
Julie Williams, Alternate Member
City Staff Present: David Gould
Jim Ring
Paul Nicklas
Peter Witham
Lynn Johnson
Chairman Brown called the meeting to order at 7:00 p.m. and explained the
procedures for the Board’s review of Public Hearings. In the absence of Board Member
Theeman, Alternate Member Williams was asked to vote.
PUBLIC HEARINGS
Item No. 1: Conditional Use/Site Development Plan approvals to reuse
the existing building as a 25-bed dormitory for student
doctors (boarding/rooming house use – Section 165-90, D
(1)) and to construct a parking lot at 44 Ohio Street in a
Multi-Family and Service District. Eastern Maine Medical
Center, applicant.
Chairman Brown opened the Public Hearing. Mr. Bolin asked to be excused from
voting on this item as the applicant is his employer. Mr. Sturgeon moved that the
Board excuse Mr. Bolin from voting as he does have a conflict of interest. The motion
was seconded and it passed by a vote of 6 to 0. Mr. Kenney asked to be excused from
voting as he is employed by the applicant’s agent who prepared the Site Development
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Plan for this item. Mr. Sturgeon moved to excuse Mr. Kenney from voting as he has a
conflict of interest. The motion was seconded and it passed by a vote of 5 to 0.
As two members stepped down due to conflicts of interest, Chairman Brown informed
the applicant that in order for this item to pass it would need four positive votes out of
five possible votes.
Mr. Ray Bolduc, PE with WBRC Architects-Engineers, Helen McKinnon, Vice
President of Support Services, Todd St. Peter, construction Project Manager and Dr.
Hunter Sharp, Director of Undergraduate Medical Education, were all present in
support.
Dr. Sharp explained Eastern Maine Medical Center’s Medical Education Program
that enrolls nurses, nurse practitioners, physician assistants, medical students and
medical residents. They presently house 16 medical students on the EMMC campus.
Last year, they entered into a commitment with the University of New England and
have a future commitment with the University of Vermont which will result in a 36
student increase. They propose to house 25 medical students at this location. Most of
which will be third and fourth year students between the ages of 25 and 45 and will
work various hours in various departments. Most of their hours will be between 7 a.m.
and 7 p.m. However, there will be some who will be working night shifts. While there
are rooms available for those on night shift at the hospital, there may be some who will
be returning to this site.
Mr. Bolduc discussed the current on-site conditions indicating that some of the
existing landscaping and sidewalks will be removed. The applicant is proposing to add
19 new parking spaces, the majority of which are located at the back of the property.
There are existing parking spaces located at the front of the property that will remain.
There are 13 rooms (25 beds) in the building which require 13 parking spaces. The
applicant is proposing 24 spaces on-site. The existing driveway will be widened to 24
feet. There is a common driveway with the abutting property and there is an
easement between the parties that will be maintained and the abutting property owner
will still have access to the driveway. The only modification will be to relocate the
existing handicap ramp. The proposed lighting meets the lighting standard of the Land
Development Code. They are proposing “C” and “A” Buffers. The applicant is
proposing some new underdrains and a catch basin to detain the water so that it goes
into the municipal system on Ohio Street. Mr. Bolduc discussed the Land Development
Code standards for Site Development Plans (Chapter 165-114 A-J) indicating that the
submittals met all of those standards.
Mr. Bolduc also discussed the conditional use standards indicating that this
proposal met all standards in that: no variances are being requested, it will not place
an undue traffic burden on adjacent streets as there will probably be a peak of 25 trips
because this is an existing facility the traffic will be grandfathered. They feel that the
impact will be less than the 25 trips. The site has been reviewed by the Fire Prevention
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people and they feel that this proposal is adequate. It is consistent with the
architectural style of the area since there are no changes proposed to the building, only
changes to the handicap ramp which will have minimal impact.
Mr. Sturgeon indicated that they had done a great job with the layout of this site
but expressed his concern about the nonconforming parking spaces on the front of the
site as those using the spaces have to back out onto Ohio Street. He felt that they
pose a hazard to pedestrian traffic along Ohio Street.
Mr. Damon asked where the dumpsters are located on the site. Mr. Bolduc
indicated that they are presently located near the existing carriage house.
Chairman Brown then opened the meeting up for public comments. Mr. Rick
Bronson, a resident of 37 Ohio Street, indicated that he has lived at this address for 40
years. During the time that he has lived there the Ross Home has been an anchor to
this block. He indicated that he felt that this proposed use is contrary to the Will of
Sylvia Ross under which the hospital acquired the property. He indicated that he
wished to debate whether or not this use was fitting in this neighborhood. He noted
that over the years that several homes have been removed thus lowering the density of
the neighborhood. He felt that the parking lot takes away from the residential
appearance of the neighborhood and he would prefer screening on Ohio Street and not
see any parking at all. He also indicated that he would like for them to schedule normal
hours for trash pick-up. Mr. Bronson was also concerned that in the future this use
could cease and a rooming house use could be established at this site. He is afraid that
this will change the residential character of the neighborhood. He felt that it would be
better as a contract zone change for assurances for landscaping and reuse after Eastern
Maine Medical Center vacates.
No one else spoke and Chairman Brown closed the Public Hearing and asked for
Staff comments.
Planning Officer Gould indicated that this is a request for Conditional Use and
Site Development Plan approvals to reuse the existing building at 44 Ohio Street as a
25-bed dormitory. The Code Enforcement Office made the determination that this
proposed use is a rooming house or boarding house conditional use in the Multi-Family
and Service District. Mr. Gould discussed the four general conditional use standards of
the Land Development Code indicating the proposed use met all four in that the basic
standards of the Multi-Family and Service District are met, that the proposed use will
not create unreasonable traffic congestion or hazardous conditions on adjacent streets;
the operation of the conditional use will be insured by providing adequate fire
protection, public utilities, and site improvements such as parking, drainage, etc. and
the building will conform to the general character of the neighborhood. Mr. Gould
indicated that this building is over 100 years old and was previously used as a 13-
bedroom assisted living facility. They are now proposing 13 rooms, with 2 beds per
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room for use by 25 students. For this use, the Land Development Code requires 13 on-
site parking spaces. The applicant is proposing 24 spaces with the majority of those to
the rear of the site. Where parking abuts another residential district they are required
to provide a “C” buffer under the Code which is one of the heavier buffer requirements.
The proposed lighting meets the standards in terms of the height of the fixtures and
that they are proposed to be full cutoff. The Fire Prevention staff reviewed the layout
of the parking lot and the access for emergency vehicles and they were satisfied that
they would have maneuverability on the site. The City Engineer has reviewed the on-
site drainage and has no problems with what is proposed. Mr. Gould indicated that the
Multi-Family and Service District already allows the applicant to do this proposal as a
conditional use. Because it is allowed, staff felt that there is no reason to impose
contract zoning provisions. Staff recommended that the Board grant approval.
Mr. Sturgeon asked if the existing parking spaces were grandfathered. Mr. Gould
indicated that they are. The Board could say that they are unsafe and a hazard that
needs to be mitigated. Mr. Damon agreed that it could pose a potential problem for
those backing out onto Ohio Street. Mr. Gould indicated that Staff would not
recommend backing out of a new parking space on to the street.
Dr. Sharp explained that medical students come from all around the area. Most
are single students with 12 month rotations at various times. For this reason they feel
that they need all 24 spaces. Mr. Damon asked how many staff people work there. Dr.
Sharp said that there is one maintenance person and a cleaning lady, neither of which
has a residence there.
Mr. Miller asked about on-site security. Mr. Todd St. Peter indicated that they
have gone through the house to upgrade its security and have installed a central
access, badge access, security system.
Mr. Sturgeon asked if there were any documented accidents in this area and
suggested that there be signage posted to look out for pedestrian traffic and to also
encourage those using the site to park to the rear of the site.
Mr. Sturgeon moved that the Board approve the Conditional Use and Site
Development Plan requests to reuse the existing building at 44 Ohio Street as a 25-bed
dormitory for student doctors (boarding/rooming house use – Section 165-90, D (1))
and to construct a parking lot at 44 Ohio Street in a Multi-Family and Service District.
Eastern Maine Medical Center, applicant. Mr. Damon seconded the motion which
passed by a vote of 5 to 0.
Item No. 2: To amend the Land Development Code, Chapter 165,
Section 165-112 – Submittal Requirements – to Require
Submission of Post Construction Stormwater Maintenance
Plans. City of Bangor, applicant. C.O. # 10-305.
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Chairman Brown opened the Public Hearing and asked for Staff Comments.
Planning Officer David Gould explained that this amendment proposes to modify the
submittal requirements to require submission of a post-construction stormwater
maintenance plan that is consistent with the Stormwater requirements of Chapter 268.
This “housekeeping” amendment makes clear when submissions to the City must occur.
No one spoke either in favor of or in opposition to the proposed zoning
amendment and Chairman Brown closed the Public Hearing.
Mr. Bolin moved that the Planning Board recommend to the City Council that the
zoning amendment to Chapter 165-112- Submittal Requirements, as contained in C.O.
# 10-305, be approved. The motion was seconded by Mr. Kenney and it passed by a
vote of 7 to 0.
Item No. 3: Amending the Land Development Code, Chapter 165,
Section 165-13– Definitions – to add Registered
Cultivation Facility and Registered Dispensary; to add
Registered Dispensary as a permitted use in the following
districts: Section 165-92 - Urban Service District;
Section 165-97 - Government and Institutional Service
District; and Section 165-101 Shopping and Personal
Service District; and to add Registered Cultivation Facility
as a permitted use in the following districts: 165-96 Urban
Industry District; and Section 165-103 – Industry and
Service District. City of Bangor, applicant. C.O. # 10-
336.
The Public Hearing was opened by Chairman Brown who asked for a
presentation. Planning Officer Gould explained that a similar version of this
amendment was previously before the Planning Board. At that time, the Board found a
glitch in the proposed language in that Medical Marijuana facilities were allowed in the
Shopping and Personal Service District as a permitted use but were proposed as a
Conditional Use in the General Commercial and Service District thus creating a
discrepancy as permitted uses in the Shopping and Personal Service District are also
permitted uses in the General Commercial and Service District. This version eliminates
the discrepancy between conditional and permitted uses in the General Commercial and
Service District. The amendment also eliminates the industrial districts from the
dispensary option thus ensuring a separation between cultivation facilities and
dispensaries. Mr. Gould went on to explain that all districts share the same exclusion
criteria that they must be 1000 feet from schools, library, playgrounds, and parks; and
200 feet from any church, daycare, or residential zoning district. These uses are limited
to one single location within the City.
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Mr. Kenney indicated that from a planning perspective he had concerns about
the proposed exclusions for one particular use and not for all similar uses. He requested
clarification as to what basis the Planning Board recommendation should be from.
Planning Officer Gould noted that the Land Development Code provides input by the
Board on all amendments to the Zoning Code due to the Board’s unique perspective in
dealing with land use applications every few weeks and the Comprehensive Plan’s intent
to look at a land use in a much larger context.
Mr. Damon asked if there had been a map created which shows where these
uses could be located within the 200 foot and 1000 foot restrictions. Assistant City
Solicitor Nicklas presented a map showing the various locations where such facilities
could be located. Member Damon expressed his concern that the imposed locations
could in fact push these uses to the edge of a neighborhood.
Mr. Gould showed the Board commercial districts where the dispensaries would
be allowed and commercial districts due to their limited size and proximity to residential
districts where dispensaries would be excluded.
Chairman Brown closed the Public Hearing as no one spoke either in favor of or
in opposition to the proposed zoning amendment
Mr. Sturgeon moved that the Board recommend to the City Council that the Land
Development Code Amendment as contained in C.O. # 10-336 Amending Chapter 165-
13 Definitions and 165-92 et al - Registered Dispensaries and Cultivation Facilities be
approved. Alternate Member Williams seconded the motion. The Board voted 5 to 2 in
favor of the motion.
NEW BUSINESS
Item No. 4: Site Development Plan approval of an expansion of the
existing parking lot, addition of a driveway, and relocation
of the existing garage located at 499 Broadway in
an Urban Service District. Cedarjack, Inc., applicant.
Mr. Jim Kiser, with Kiser and Kiser and Rick Marston, partner with Cedarjack, Inc.
were present in support of this application. Mr. Kiser discussed the site plan noting that
one of the buildings on the site was removed due to damage done as a result of an
automobile accident. The applicant is also proposing to locate a new garage on another
part of the site and create a vehicle storage area for their U-Haul business. They would
like to leave the vehicle storage as a gravel area. Lastly, they would like to utilize the
other access on the site for better maneuverability and utilization by larger vehicles.
The proposed vehicle storage area for the U-haul business that they run out of the UPS
store is proposed as a gravel area as they feel that this is a temporary use. Regarding
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the additional access, Mr. Kiser indicated that they propose to restrict this access with
the existing access to remain as a two-way access.
Chairman Brown indicated that it appears that the parking lot has already been
done. Mr. Kiser said that some work had already been done as they were given
permission by the Code Enforcement Office to do paving pending this approval.
However, the secondary access has not been paved and is not usable at the current
time.
Mr. Bolin asked about the traffic volumes going in and out of the site and the
proposed left hand turns. He expressed his concern about traffic safety especially with
people making left hand turns. Mr. Kiser indicated that the Irving Station has people
making left hand turns from their property which abuts this parcel. The traffic light
under the I-95 overpass bridge has been backing up traffic beyond this first entrance to
the site. By being able to utilize the other access as an exit only, it gives more ability to
move out and into the lanes on Broadway.
Mr. Sturgeon asked if they would accept a right hand turn only out of the smaller
entrance. Mr. Kiser indicated that they would and would propose that the new entrance
be an exit only, right hand only access with the existing access as a two-way access.
Mr. Sturgeon indicated that he would be in favor of this. Mr. Sturgeon asked if the
applicant had prepared a traffic study for this project. Mr. Kiser indicated that it was
not required under the Land Development Code.
Mr. Damon asked if they proposed signage. Mr. Kiser indicated that they were
proposing double-sided signage indicating the directions. Chairman Brown felt that
people using the site will still try to make left-hand turns just as they do on Stillwater
Avenue. Mr. Miller asked if the new garage would be the same size as the old garage.
Mr. Kiser indicated that it was.
Planning Officer Gould indicated that this is a Site Development Plan request for
expansion of the existing parking lot, addition of a driveway, and relocation of the
existing garage located at 499 Broadway in an Urban Service District. In reviewing this
plan, Staff raised two issues. First, the Land Development Code is clear that if you have
a parking area in this district it has to be paved. The other issue is that of access
management. Staff has said that if there is a clear need to have more driveways then
they need to be placed such that they are safe and reasonable. Staff has found in
cases of right in, right out only accesses there needs to be some physical restriction
within the driveway because 50% or more of the people using it are not going to
adhere to it. Staff would hope that some physical restriction be placed there and not
just signage to ensure that it is complied with.
A suggestion was made to create one single entrance. Mr. Kiser indicated that
because there is a major power utility pole located at the center of the frontage of this
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lot it would be too costly. They did consider it but the applicant wished to propose the
two curb cuts.
Mr. Damon asked Mr. Ring if he would design two accesses so close together.
Jim Ring, City Engineer indicated that he came to the same conclusion that the Planning
Staff did. It would be ideal to have a single access location. Mr. Ring indicated his
concerns about allowing the two driveways even with the proposed restriction of right-
out only as the driveway is so close to the adjacent one at the Irving property. Mr.
Ring said that there are 5 lanes there which is where the stacking lane for the
southbound interstate turning movement is which can stack up at times. When there
are higher peaks there is more stacking. Mr. Ring said that he still has significant
concerns about allowing a full movement there even though it is proposed as an exit
only because of those left hand turns. If the Board wishes to consider approval of the
site plan with the two driveways he would be more comfortable with the right exit only.
Mr. Ring suggested that the driveway be configured so that it actually sweeps to the
right as it would be more effective than a straight exit.
Mr. Sturgeon asked how many original curb cuts there were on this site noting
that in his mind this is an improvement. Mr. Kiser indicated that there were two
accesses and they aren’t changing what was there.
Chairman Brown expressed her concern about having two entrances on this site.
Mr. Kiser said that UPS and FED EX trucks drop off and pick up things at the store.
They have found that they need to provide better maneuvering on the site and that is
what prompted the request for a secondary egress. Regarding a single access in the
middle of the lot, it would create a dead end traffic flow so that larger vehicles would
not have the ability to turn on the site.
Ms. Williams indicated that she frequents many of the businesses in the area and
none of those other businesses have restrictions on right in or right out only. She
asked what makes this application unique. Mr. Kiser indicated that because this is
before the Board it gives the Board an opportunity to review it. Ms. Williams indicated
that she felt that the curb cuts for this site were smaller than others in the area and
that she felt that a larger curb cut would allow for better control of cars exiting the site.
Chairman Brown asked if the applicant was willing to do Mr. Ring’s suggestion of
the sweep. Ms. Kiser indicated that there is very limited space and it would be cost
prohibitive for the applicant to do this. Mr. Marston agreed and added that if they
were required to do this they would need to close.
Mr. Bolin moved that the Board approve the Site Development Plan for expansion
of the existing parking, addition of a driveway and relocation of a garage at 499
Broadway in Urban Service District. Cedarjack, Inc., applicant. Mr. Damon seconded
the motion and the motion passed by a vote of 6 to 1.
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APPROVAL OF MINUTES
Item No. 5: Planning Board Approval of Minutes of September 7, 2010
Meeting.
Mr. Bolin moved to approve the Minutes of the September 7, 2010 Meeting. Mr.
Miler seconded the motion, which passed unanimously.
Mr. Gould brought to the Board’s attention a pending bill called the “Livable
Communities Act” which deals with trying to get the Department of Housing and Urban
Development to work with other Federal agencies relating to traffic and housing. This
bill intends to provide planning and funding assistance to help do more housing in the
inner areas. It also makes provision to coordinate federal transportation to make sure
that there is a connection between land use and housing developments to provide
transportation to those areas in the inner cities.
There being no further items for discussion, the meeting was adjourned at 8:53
p.m.