HomeMy WebLinkAbout2009-10-06 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF OCTOBER 6, 2009
MINUTES
Board Members Present: Allie Brown, Chairman
Paul Bolin, Alternate Member
Doug Damon
John Miller
Nat Rosenblatt
Andy Sturgeon
Miles Theeman
City Staff Present: David Gould
Peter Witham
Bud Knickerbocker
Chairman Brown called the meeting to order at 7:00 p.m. In the absence of Board
Member Barnes, Alternate Member Bolin was asked to vote.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Brown asked for a
motion. Mr. Miller moved to approve the Consent Agenda. The motion was seconded by Mr.
Theeman and it passed by a vote of 7 to 0. The item approved is as follows:
Item No. 1: Site Location of Development Modification approval for minor
revisions to reduce the building footprint by 133 square feet
and other site changes at 308 Godfrey Boulevard in an Airport
Development District. New Castle Hotel Corporation, applicant.
NEW BUSINESS
Item No. 2: Overview of 2006 Shoreland Zoning Guidelines.
Planning Officer Gould explained that the State of Maine DEP Shoreland Zoning Unit
revised the State’s Shoreland Zoning Guidelines in 2006 with a deadline of July 1, 2008 when
municipalities would be expected to either adopt the State’s new guidelines or update their
local Shoreland zoning provisions to be consistent with the new regulations. This deadline
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was extended to July 1, 2009. Staff has been working with DEP’s Shoreland Zoning Staff for
some time and has drafted amendments to the City’s existing regulations and has drafted
associated map amendments. Planning Officer Gould indicated that the State’s new changes
and mapping identify the Penjajawoc Marsh as a high value wetland which under the new
regulations would require a 250-foot Resource Protection boundary.
Mr. Gould gave a brief history as to efforts of the City in conjunction with the
Penjajawoc Marsh Bangor Mall Area Task Force who came up with a plan to protect the
Marsh. The plan included a provision to maintain a 75-foot Resource Protection Boundary,
required that no structures would be allowed within 250 of the wetland edge, that housing
needed to be clustered with the open space contiguous to the Marsh, that impervious area
on each lot was limited, and that all projects needing subdivision plan approval or site
development plan approval would be reviewed by the Marsh Mall Commission prior to being
submitted to the Planning Board. The new State guidelines would suggest the City revisit the
present regulatory structure around the Marsh which appears to be a step backwards in the
work of the Task Force and Commission. Mr. Gould also noted there are conflicts regarding
forested wetlands that have been included for many years that do not now need to be
included. In past discussions the Board was reticent to remove the Shoreland Zoning
Resource Protection District. Mr. Gould noted that under the new provisions there is a
wetland adjacent to Trillium Trail in the Fox Hollow Subdivision that has been identified by
the State as a High Value Wetland with 250 feet of Resource Protection District surrounding
it. There is a developed property within the 250 foot RP boundary which would make the
structure nonconforming. In this case Staff would like to adjust the resource boundary to
limit the impact on properties that are already developed.
Mr. Damon indicated he supported the City’s Penjajawoc Marsh protection scheme as
it represented a local based system as opposed to a State imposed system. He felt local
control and decision making was typically better suited to local needs and concerns.
Chairman Brown asked if there were specific environmental criteria provided to
support the determination that certain wetlands were of high or moderate value wetlands?
Mr. Gould noted there may be criteria but he had not seen a set of factors used in making
that determination.
Mr. Sturgeon indicated that the Ordinance needs to be clear that the Zoning map
should not govern the location of the zoning district but the actual location of the waterbody
or wetland on the ground. Given the set of maps the City is working with can lead to
erroneous interpretations of where the zoning boundaries are located.
At this point, Mr. Gould indicated that he would like to get the Board’s feeling on what
elements of the new language the Board would be willing to support prior to formally
initiating an amendment to the Land Development Code. The Board discussed wetlands,
forested wetlands, and Shoreland zoning. Mr. Rosenblatt asked what Staff would like to see
changed. Mr. Gould indicated that the recommendation would be that there be no change to
the Marsh; that the forested wetlands be done away with; and that wetlands on the map
would need to be better explained as to their representation on the map versus their actual
location on the ground.
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Mr. Gould noted that while a forested wetland may not be protected by Bangor’s
Shoreland Zoning Resource Protection District it still would be protected by other State (DEP)
and Federal wetland protection laws.
Mr. Rosenblatt asked how the Shoreland Zoning Section and the Resource Protection
Districts functioned within the Zoning Code. Mr. Gould noted that the Shoreland Zoning
Section of the City’s Land Development Code acts as a overlay district providing additional
restrictions to some properties. Section 165-34, the Shoreland Section defines what areas it
applies to (certain water bodies and wetlands) The section then provides additional
standards; setbacks building heights clearing standards etc) for those areas. A couple of
Zoning District like Resource Protection and Stream Protection are created to meet a
Shoreland Zoning function but act as zoning districts of their own. Mr. Gould noted that the
original concept for shoreland zoning was based on a community that may be somewhat
remote with limited regulatory zoning structure, limited development, and public
infrastructure. As the State’s model evolved it became a complete zoning regulation. Urban
communities like Bangor, Portland and many others already have a fairly sophisticated land
use regulation scheme and need not adopt the State’s model to regulate features already
covered in their nonshoreland zoning code.
Planning Officer Gould reiterated what he anticipated bringing forward: 1) the City
would propose to continue to protect the Penjajawoc Marsh via the Overlay District and not
make significant changes to the Resource Protection Boundary or the existing Overlay
provisions; 2) the Resource Protection adjacent to Trillium Trail would be adjusted so as not
to create nonconformities to existing developed properties; 3) existing forested wetlands
presently zoned Resource Protection would be proposed to change to their underlying
district, 4) the Shoreland Zoning Map and Ordinance will be annotated to reflect that
features depicted and their related zoning boundaries should be field verified as to
geographic location; and 5) finally, prior to the requisite public hearings, staff will review the
specifics with the Board.
Mr. Rosenblatt asked about changes in timber harvesting. Mr. Gould indicated that
there are provisions for the State Forestry Bureau to regulate timber harvesting. Towns can
elect to have the provisions administered and enforced by the State. If enough towns elect to
do so, then the State Forestry Bureau will regulate them everywhere. Given the ever
increasing demand on local Staff, the Code Office would support the forestry professionals
taking over that function.
Item No. 3: Planning Board Bus Tour – Trip Logistics.
The consensus of the Board was to hold the Bus Tour on Saturday, October 24, 2009
from 9 a.m. to 11 a.m. Planning Board Members indicated that they would like for the
following sites to be included in the tour: 1) the forested wetland on Church Road; 2) the
Bomarc Road neighborhood; 3) potential development areas; 4) the horse barns at Bass
Park; 5) Kittredge Road; 6) Stormwater improvements; 7) the new Wal-Mart; and 8) the new
Eastern Maine Medical Center Garage.
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APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes.
stth
Chairman Brown indicated that the Minutes of the September 1 and 15 Meetings
were in order. Mr. Damon moved to approve both sets of Minutes. Mr. Bolin seconded the
motion, which carried by a vote of 7 to 0.
There being no further items for discussion, the meeting was adjourned at 7:53 p.m.