HomeMy WebLinkAbout2010-03-16 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MARCH 16, 2010
MINUTES
Board Members Present: Allie Brown, Chairman
Jeff Barnes
Paul Bolin, Alternate Member
Doug Damon
John Miller
Nathaniel Rosenblatt
Andy Sturgeon
Miles Theeman
City Councilors Present: Councilor Blanchette
Councilor Palmer
City Staff Present: David Gould
Jim Ring
Paul Nicklas
Peter Witham
Bud Knickerbocker
Lynn Johnson
News Media Present: Bangor Daily News
Chairman Brown called the meeting to order at 7:00 p.m.
PUBLIC HEARINGS
Item No. 1: Conditional Use/Site Development Plan approvals to construct a
3,886 sq. ft. restaurant building with a drive-thru use located at
427 Main Street in an Urban Service District. McDonald’s USA,
LLC, applicant.
Mr. Miller asked to be excused from voting on this item as he is the owner of the
property. Mr. Theeman moved that Mr. Miller has conflict of interest and should be excused.
Mr. Rosenblatt seconded the motion which carried by a vote of 7 to 0. Mr. Sturgeon
disclosed that he works for the same firm as the Traffic Engineer who conducted a traffic
study for the applicant and asked the Board to make a determination as to whether he had a
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conflict of interest. Mr. Theeman moved that Mr. Sturgeon does not have a conflict on this
item. Mr. Barnes seconded the motion. The Board voted 6 to 0 in favor.
Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Fred
Marshall, Plymouth Engineering, represented the applicant. He noted that Kevin Feeney,
Tessa Bernstein, and Gary Eckman with McDonald’s and John Theriault, Traffic Engineer with
J. W. Sewall Company were all present in support of this application.
Mr. Marshall indicated that the applicant is requesting Site Development Plan and
Conditional Use approvals to construct a 3,868 sq. ft, 74-seat restaurant with the drive-thru
use at 427 Main Street at the former Miller’s restaurant site. Mr. Marshall discussed the
conditional use criteria noting that this application met those standards. They propose an
access to Main Street which aligns with Tim Horton’s and a second entrance off of Larkin
Street. They are also proposing to construct a 200 foot sidewalk along the Larkin Street side
of the site. He indicated that the applicant is proposing plenty of parking, will connect to
municipal services and the building is consistent with the architectural style of other buildings
in this area. Mr. Marshall indicated that the use of the site will not generate more than 100
new trips during any peak hour thus not requiring a Traffic Movement Permit. Mr. Marshall
discussed the site development plan and indicated that it met the requirements of the Land
Development Code.
Mr. John Theriault, Traffic Engineer with James W. Sewall Company, discussed the
turning movements along Main Street and the center turning lane noting that the left lane
turns are offset thus not creating a problem for someone trying to enter this site and the Tim
Horton’s site across the street.
Mr. Theeman asked if the sewer easement requested by Staff was required before
construction. Mr. Marshall indicated that it would be required before occupancy.
Mr. Rosenblatt asked about the proposed lighting and whether the sound from the
drive-thru would be regulated. Mr. Marshall indicated that the lighting will be cut-off and not
shine beyond the centerline of the street (Larkin Street). The Menu board is volume
controlled and it is not on a high volume, only sufficient to hear. McDonald’s did a noise
study and found that it doesn’t spill into the residential areas. The nearest residential zone
is 250 to 300 feet away and the volume can be regulated.
Mr. Damon asked if they were proposing a privacy fence between this project and the
existing building. Mr. Marshall indicated that they weren’t as the applicant did not intend to
divide the property.
Chairman Brown opened up the Public Hearing to comments from proponents. There
being none, she asked for comments from opponents.
Mr. Bill Masters who is an abutting property owner of 24 Larkin Street indicated that
he was not really an opponent but had concerns about the proposed drive-thru. He was
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concerned that his tenants would be able to hear noise from the speakers from their
apartments especially early in the morning and late in the evening.
Mr. Brian Dail, owner of 43 Larkin Street , expressed his concern about the status of
the remaining parking lot on this lot and if people would be allowed to drive through the lot.
As no one else spoke, Chairman Brown closed the Public Hearing and asked for Staff
comments. Planning Officer Gould indicated that the applicant, McDonald’s, proposes to
lease ½ acre of an existing 2.2 acre site which is presently nonconforming as there is no
access management or internal green space. He indicated that what happens to the
remaining parking lot is that it remains unchanged. The existing lights will remain and
access as it presently exists will remain. Mr. Gould indicated that the City is fortunate that
McDonalds is going to rebuild their leased area to comply with Ordinance requirements.
However, this will apply to only that leased area. This proposal meets the conditional use
standards of the Land Development Code in that it complies with the use standards of the
District, it won’t create unreasonable traffic congestion, it has adequate utilities, the
architectural design is compatible with other uses in the area and there is adequate queuing
space for the drive-thru. The applicant proposes 8 queuing spaces which is more than the 5
space minimum for this type of use. Planning Officer Gould indicated that the requirements
for site development plan submittal have also been met.
City Engineer Jim Ring indicated that in review of this site, they did not find a sewer
easement document. He suggested that as a condition of approval that a sewer easement
be submitted in a form acceptable to the City Solicitor prior to occupancy of the site.
Mr. Rosenblatt asked if there was a noise standard for drive-thrus. Mr. Gould
indicated that there is no decibel standard for drive-thrus. The Land Development Code
regulates this through the provision of buffers. Mr. Marshall indicated that 32’ feet away
from the drive-thru window, which would be in the middle of Larkin Street, the sound would
be like a soft whisper at 30 decibels (30 dB). He indicated that McDonald’s will have control
of the volume to minimize impacts and it is not likely that it will be a bother.
Mr. Theeman said that he felt that this was an opportunity for the City to create a
small buffer or add some foliage along Main Street. Mr. Theeman moved that the Board
grant Conditional Use and Site Development Plan approvals at 427 Main Street for
McDonalds, USA, LLC with the condition that an executed sewer easement be submitted and
acceptable to the City Solicitor’s Office prior to occupancy. Mr. Barnes seconded the motion.
The Board voted 7 to 0 in favor.
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Item No. 2: To amend the Land Development Code by changing nine parcels
of land located at 10, 12, & 18 Second Street Avenue,
35 Second Street and 10, 12, 14, 16-18 & 20 Sanford Street
from Urban Residence 2 District to Government and
Institutional Service District. Said parcels containing
approximately 26,741 sq. ft. and being more particularly
indicated on the map below. Bangor Young Men’s Christian
Association d/b/a Bangor Y, applicant. C.O. #10-086.
Chairman Brown opened the Public Hearing and asked for a presentation. Attorney
Andrew Hamilton with Eaton Peabody represented the applicant, Bangor Young Men’s
Christian Association, d/b/a Bangor Y, in its rezoning application request to change nine
parcels located on Second Street Avenue, Second Street and Sanford Street from Urban
Residence 2 District to Government and Institutional Service District. Also present in support
of this application were Attorney Jonathan Pottle with Eaton Peabody, Mike Seile, CEO and
Peggy Wentworth of Bangor Y, and Bangor Y Board Members Matt Pyzynski, Rich Armstrong
and Rob Frank. Mr. Seile explained that the Y presently has two facilities and over the past 4
years has been looking at consolidating its operations at one site. A 2008 feasibility study
indicated that the most cost effective approach would be to consolidate its programs to their
Union Street site. In its quest to do this, the Y has either purchased or has a purchase and
sales agreement to purchase nine properties along Second Street Avenue, Second Street and
Sanford Street. He explained that in advance of any expansion plans, they are proposing
(Phase I) to construct additional parking. The nine parcels under consideration will be used
to create this parking. Phase II, which will come at a later date, will involve facility
expansion.
Attorney Hamilton outlined the zone change provisions indicating that zoning should
be consistent with the Comprehensive Plan. He discussed various elements of the 2005
Comprehensive Plan Update indicating that the proposed institutional use fits in with the
Plan’s goals and the use is appropriate for this area.
There were no opponents to this zone change request.
Chairman Brown closed the Public Hearing and asked for Staff comments. Planning
Officer David Gould indicated that this is a zone change request for nine parcels of land
containing approximately ½ acre of land from Urban Residence 2 District to Government and
Institutional Service District. The YWCA has been at this location since the 1920’s. When
the Y approached the City relative to consolidation and expansion of its facilities the guidance
provided was to look at expansions along the arterial roadways and limit the intrusion into
the adjoining neighborhoods. The proposal brought forward by the Y essentially follows that
guidance. The second item of note is that the YWCA was built at a time when it largely
served the immediate neighborhood. As times and programs have changed, the Y now serves
a much greater population traveling greater distances than before. Therefore, it’s very
prudent for the Y to look at the provision of parking as a first phase of their plans. In some
instances in the past contract zoning has been used as an appropriate vehicle for parking
expansions. However, in this instance it does not seem warranted to limit portions of the
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property to parking while the design is still evolving. Staff did not have concerns in
recommending that the Board recommend approval to the City Council.
Mr. Rosenblatt moved to recommend to the City Council adoption of the proposed
zone change request at 10, 12, & 18 Second Street Avenue, 35 Second Street, and 10, 12,
14, 16-18 and 20 Sanford Street as contained in Council Ordinance 10-086. Mr. Theeman
seconded the motion. The Board voted seven in favor and none opposed to recommend that
the City Council adopt the proposed rezoning.
NEW BUSINESS
Item No. 3: Site Development Plan approval to construct a 22’ x 25’ loading
dock addition and reconfigure the existing parking at 73
Hammond Street in a Government and Institutional Service
District. Penobscot County, applicant.
Mr. Miller indicated that he had a conflict of interest as a site that he currently owns
was in discussion with the Post Office and he asked to be excused from voting. Mr.
Theeman moved that the Board determine that Mr. Miller does have a conflict of interest and
that he should be recused. Mr. Sturgeon seconded the motion. The Board voted 7 to 0 in
favor of the motion.
Penobscot County Commissioner Peter Baldacci introduced several people in support
of this application including: County Commissioners Tom Davis and Steven Stanley, County
Administrator Bill Collins, U.S. Postal Representatives Dick Shea, Joe Mulvey, and the Bangor
Post Master.
Attorney P. Andrew Hamilton representing the applicant indicated that the application
is for approval of a 22’ x 25’ loading dock addition and to reconfigure the existing parking.
He explained that the applicant was before the Board in February 2010 with a similar
request. At that time, the Planning Board found that application did not meet the
requirements under Section 165-114 Items B & C regarding safety with at least one of the
driveways; pedestrian safety particularly around the proposed new addition of the loading
dock; and, with the exit onto Franklin Street.
Mr. Hamilton said that the Post Office wishes to relocate to this site. They are under a
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time constraint and need to vacate the Federal Building by May 31and it is important to
them to stay in the downtown. Mr. Hamilton explained that how the post office operates has
changed. Presently, 300 to 400 employees work out of the Hampden Regional Facility. The
202 Harlow Street site is basically a store front post office with a minimum of 8 – 14
employees. There are 4 truck deliveries during regular hours and 4 after hours - two before
8 a.m., two in the morning, two in the afternoon and two in the evening.
John Kenney, P.E. with WBRC Architects-Engineers discussed the site development
plan pointing out the entrance on Hammond Street, configuration of parking, proposed
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crosswalks and proposed signage throughout the site. He indicated that the delivery trucks
would stay on-site approximately 20 minutes.
Mr. Tom Gorrill, Traffic Engineer with Gorrill-Palmer, indicated that they conducted a
traffic study on a rainy Thursday at the Post Office’s current site at 202 Harlow Street. There
are 25 spaces at the Post Office’s present location. There will be 30 spaces on site for
customers and 10 off-site spaces leased for employee parking. They found that the peak
hours of usage were from 8:30 a.m. to 9:30 a.m., 11:45 to 12:15 p.m. and 3:15 to 5:30 p.m.
The peak was from 4:30 p.m. to 5:30 p.m. At that time, 4 people walked to the site and 99
people drove to the site. At the 73 Hammond Street Site, he has recommended that the
retaining wall be lowered to increase visibility in exiting the site onto Franklin Street and that
a flashing light and warning alarm be placed there to warn pedestrians that a car is coming
down the ramp. He also suggested that the parking space to the left of the ramp on Franklin
Street be eliminated for better visibility, that crosswalks be striped on site; and that the
parking be revised to be angled.
Chairman Brown asked if the Board wished to entertain limited public comment. Mr.
Rosenblatt indicated that he favored permitting public comments that are focused on the
Board’s review standards. Mr. Rosenblatt moved to allow limited public comment to the site
development review issues. Mr. Theeman seconded the motion which carried by a vote of 7
to 0.
Attorney Tim Woodcock with Eaton Peabody gave a brief history as to the uses and
changes to this area over the last 50 years. He added that this area is still going through
change with the court system moving to Exchange Street, and the Bangor YMCA moving.
Police Chief Ron Gastia, expressed concern about pedestrians using this site. He said
that pedestrians don’t pay attention to signage. Signs on a site cannot be enforced by the
officers. He also expressed his concern about pedestrians walking down the exit ramp to
Franklin Street and that there is no way to prevent this. Another concern was that with
traffic being diverted to Court Street. He indicated that he was glad to see that they are
proposing to lower the height of the retaining wall. Mr. Theeman asked if he felt that
people coming down the ramp will take a left onto Franklin Street and if this will add traffic
onto Columbia and Hammond Streets. Chief Gastia indicated that he felt most will take a
right onto Hammond Street.
Mr. Theeman asked if the sheriff’s office will use the post office parking lot and what
the feasibility would be of installing a traffic light at the intersection of Franklin Street and
Hammond Street.
City Engineer Jim Ring indicated that there is certain criteria that must be met to
warrant the installation of a traffic signal. He did not feel that this location would warrant
one nor was it a good location for one because of its close proximity to the one at Hammond,
Main & Central Streets.
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Mr. Rosenblatt expressed concern regarding the impact on adjacent streets and if
there were assurances that because of the number of cars using the site that this use would
not create gridlock there. He also asked where they would be locating their drive-up mail
boxes Mr. Gorrill indicated that they had not studied effects upon adjacent streets. Mr.
Gorrill said that he felt that the existing post office site creates more concerns than this one.
In this site there is a one-way pattern. He offered other possibilities such as a gate with
signage, that the first few parking spaces could be designated for employee parking only and
that a parabolic mirror be installed.
Attorney Hamilton said that the applicant was not aware of the Police Chief’s concerns.
and asked for an opportunity to address questions raised by the Chief.
Board discussed the traffic study conducted by Gorrill Palmer. Mr. Sturgeon asked Mr.
Gorrill if he felt that this is a safe site. Mr. Gorrill indicated that it is not perfect but that he
felt that it is safer than the current post office site.
Mr. Dan Tremble, 21 Palm Street spoke in favor and said that he did not believe that
there is a traffic problem especially since the courts have left the area and the YMCA is
proposing to leave. He felt that this was a good site for this use.
Mr. Brad Ryder, owner of Epic Sports felt that this is an excellent reuse of the building.
He noted other building reuses for Eastern Maine Development Corporation and the
University of Maine System. He indicated that he initially did have a concern about parking
but he believed that that concern has been addressed.
Mr. John Theriault indicated that he would like to see something go into this building.
He suggested a geometric change to the mouth of the exit ramp onto Franklin Street to try
and square it up to provide for better visibility and also to do away with some of the on-
street parking spaces to provide for better visibility.
Planning Officer Gould indicated that this Site Development Plan is for the addition of
a loading dock and rearrangement of parking on the site. This proposed plan is an
improvement over what is existing. He indicated that the Board needed to consider whether
or not the application has met the standards of the Ordinance.
The Board discussed whether the mouth of the exit ramp could be reconfigured,
safety of the layout of the site; pedestrian travel, parking configuration, placement of a
parabolic mirror, and impacts upon pedestrian traffic.
Mr. Barnes moved that the Board grant Site Development Plan approval for
construction of a 20’ x 25’ loading dock at 73 Hammond Street in a Government and
Institutional Service District for Penobscot County, applicant. Mr. Theeman seconded the
motion.
Mr. Theeman suggested that the Board continue this item so that the applicant would
have time to address those new issues brought up at the meeting. Mr. Hamilton indicated
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that the applicant wished to accept this offer asked if it were possible to come back in one
week.
Mr. Barnes withdrew his motion and Mr. Theeman withdrew his second to the motion.
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Mr. Barnes moved to continue this item to 4:00 p.m. on Wednesday March 24. Mr. Bolin
suggested that the Board conduct a site visit prior to the meeting. Mr. Damon seconded the
motion. It was the consensus of the Board to hold a site visit at 3:30 p.m. and the Special
Planning Board Meeting immediately following on Wednesday, March 24, 2010.
Mr. Hamilton noted the suggestions and concerns being the geometry of the throat of
the exit onto Franklin Street, placement of a parabolic mirror, safety and layout of the site,
pedestrian travel, configuration of the parking, and installation of a gate as items to consider
prior to the next meeting.
APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes – February 16, 2010 and
March 2, 2010 Meetings.
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Mr. Theeman moved to approve the Minutes of the February 16 and March 2
meetings. Mr. Barnes seconded the motion which carried unanimously.
There being no further items for discussion, the meeting was adjourned at 10:29 p.m.