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HomeMy WebLinkAbout2010-05-18 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MAY 18, 2010 MINUTES Board Members Present: Allie Brown, Chairman Paul Bolin Doug Damon John Kenney John Miller Andy Sturgeon Miles Theeman Julie Williams, Alternate Member City Staff Present: David Gould Jim Ring Peter Witham Bud Knickerbocker Chairman Brown called the meeting to order at 7:00 p.m. and welcomed Alternate Member Williams to the Board. CONSENT AGENDA Mr. Kenney indicated that he had a conflict of interest on Item No. 1 because the firm who did the site plan is his employer. Mr. Sturgeon moved that Mr. Kenney had a conflict of interest on Item No. 1. Mr. Damon seconded the motion which passed by a vote of 6 to 0. Mr. Bolin disclosed that he had a conflict of interest regarding Item No. 3 as he has walked the site as he had interest in it. Mr. Theeman moved that Mr. Bolin had a conflict of interest regarding Item No. 3. Mr. Miller seconded the motion which also passed. Alternate Member Williams was asked to vote on both of these items. It was the consensus of the Board to conduct individual motions and votes on each item on the Consent Agenda. 2 Item No. 1: Site Development Plan and Site Location of Development Act Modification approvals to construct bleachers and other improvements at Husson University in a Government and Institutional Service District. Husson University, applicant. Mr. Kenney moved to the audience due to his conflict of interest. Mr. Theeman moved to approve Item No. 1 on the Consent Agenda. The motion was seconded by Mr. Damon and passed by a vote of 7 to 0. Alternate Member Williams voted. Item No. 2: Site Development Plan and Site Location of Development Modification approvals for construction of a temporary gravel staging area and storage area for use during construction at 44 Hogan Road in a Government and Institutional Service District. Maine Veteran’s Homes, applicant. Mr. Kenney returned. Mr. Theeman moved to approve Item No. 2 on the Consent Agenda. Mr. Damon seconded the motion which passed by a vote of 7 to 0. Item No. 3: Site Development Plan approval to create a flag lot at 1205V Essex Street in a Rural Residence and Agricultural District. Caroline E. Stevens Co., applicant. Mr. Bolin moved to the audience because of his conflict of interest. Mr. Theeman moved to approve Item No. 3 on the Consent Agenda. Mr. Sturgeon seconded the motion. The motion passed 7 to 0. Alternate Member Williams voted. Item No. 4: Developmental Subdivision Plan Revision approval of a 24-unit attached residential housing complex located on Mount Hope Avenue in a Low Density Residential District. Meadowbrook Ridge, LLC, applicant. Mr. Bolin returned. Mr. Theeman moved to approve Item No. 4 on the Consent Agenda. Mr. Sturgeon seconded the motion which passed by a vote of 7 to 0. PUBLIC HEARINGS Item No. 5: To amend the Land Development Code by changing a parcel of land located at 213 Ohio Street from Contract Urban Service District to Neighborhood Service District. Said parcel containing approximately 14,000 sq. ft. Webber Oil Company, applicant. C.O. # 10-177. Chairman Brown opened the Public Hearing and asked for a presentation. Mr. Ray Cota of Webber Oil Company provided the Board with a history of the property that has been in Webber’s ownership since the 1940’s. When Gambino’s moved out around 2001 the 1,500 3 square foot building remained vacant for over a year and lost any grandfathered status it had as a commercial use in a residential district. A limited contract zoning district was created in 2002 but only lasted about 3 years when another tenant could not operate within the contract conditions. Mr. Cota noted he met with the Planning Officer and decided to apply for a change to Neighborhood Service District instead of the contract Urban Service District. There were no other proponents or opponents to the rezoning request. Chairman Brown closed the Public Hearing and asked for Staff comments. Planning Officer Gould noted that two things have happened that changed the Staff’s position relative to this rezoning. First, the Neighborhood Service District was rewritten in 2003 and much of the confusion over allowed uses was eliminated. Secondly, adding a contract condition to the Urban Service District to make it function similar to the Neighborhood Service District (NSD) does not make sense long term. Therefore, he advised Mr. Cota to propose a change to NSD. The Neighborhood Service District would include hours of operation, limitations on drive-thru uses, limitations on commercial floor area, etc. that were previously included as contract conditions. Member Kenney asked if changing the zoning district would require the applicant to upgrade the site to meet current development standards. Mr. Gould indicated that the site is preexisting and would only warrant review if it were changed (exterior changes to the site). Chairman Brown asked for a motion. Mr. Theeman moved that the Board recommended to the City Council that the zone change request contained in C.O. # 10-177 at 213 Ohio Street for Webber Oil Company from Contract Urban Service District to Neighborhood Service District be approved. Mr. Damon seconded the motion. The Planning Board voted seven in favor and none opposed. APPROVAL OF MINUTES Item No. 6: Planning Board approval of Minutes. There were no Minutes for consideration. Open Discussion Planning Officer Gould noted that the Special Committee on Comprehensive Planning will hold a public session on Tuesday, May 25, 2010 at 7:00 p.m. for discussion on their Draft document. The document is available on the City’s website. Mr. Gould discussed details about items on the Consent Agenda and motions for multiple applications from the same applicant. In the past when items have been taken off the Consent Agenda some had the perception that maybe Staff did something wrong or that it was not fair to an applicant. Mr. Gould explained that the Consent Agenda is simply a way to expedite the process. It is not an indication as to the quality of the application. Any 4 Board Member may ask that an item be removed for discussion. If there are several neighbors who come to a meeting regarding an item on a Consent Agenda, a Board Member can request that an item be removed for further discussion. If there is debate as to whether an application meets a standard the Board can actually vote on each standard which produces a finding as to those that it meets and those that it does not meet. In the case where Staff has recommended that a condition be attached to an item on the Consent Agenda and all of the Board votes to approve it, it is assumed that all of the Board members agree to attach that condition so that it is not debatable. If a member doesn’t agree it can be taken off the Consent Agenda to be discussed. Mr. Theeman, regarding the discussion on multiple approvals, indicated that the Board has in the past asked Staff whether separate motions or a single motion should be made. He asked if the Board should continue to do this. Mr. Gould indicated that if the Board is of a like mind then it is perfectly acceptable to make one motion to approve several applications. If there is concern that it may not meet all of the standards then the Board needs to do separate motions. If at any time a member is not comfortable with multi-applications being approved under one motion, then they should be dealt with separately. There being no further items for discussion, the meeting was adjourned at 7:30 p.m.