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HomeMy WebLinkAbout2009-06-02 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 2, 2009 MINUTES Board Members Present: Allie Brown, Chairman Miles Theeman Jeff Barnes John Miller Andy Sturgeon City Councilors Present: Councilor Hawes City Staff Present: David Gould Jim Ring Paul Nicklas Peter Witham Bud Knickerbocker Lynn Johnson Chairman Brown called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: Conditional Use/Site Development Plan and Site Location of Development Modification approvals to construct a 3,095 sq. ft., 10-bed addition for nursing home use and a 1,600 sq. ft. entry addition and other site modifications located at 758 Broadway in a Contract High Density Residential District and a High Density Residential District. First Atlantic Corporation, applicant. Chairman Brown opened the Public Hearing. Mr. Theeman noting that his employer and the applicant were both affiliated with Eastern Maine Healthcare Systems asked to be recused from voting. Mr. Barnes moved that Mr. Theeman be recused from voting due to a conflict of interest. Mr. Miller seconded the motion which passed by a vote of 4 to 0. Chairman Brown indicated that because there were only four members voting the applicant would need all four members to vote in favor in order for this to receive approval. She 2 indicated that the applicant had the option to either proceed or ask that the item be continued. Mr. Steve Ribble, with Ames A/E and representing the applicant, indicated that the applicant wished to proceed. Mr. Ribble explained that this is a request for approval of changes to the previously approved Site Development Plan and Site Location of Development Permit for the 40-bed addition to the site, to add an addition to the entryway, to add 10 more beds of the nursing home and to revise the parking and circulation areas. Mr. Ribble indicated that he felt that this proposal meets or exceeds the Land Development Code regulations for Conditional Use and Site Development Plan approvals. Chairman Brown asked for comments from the audience. As no one spoke either in favor of or in opposition to the request, Chairman Brown closed the Public Hearing and asked for staff comments. Planning Officer David Gould indicated that the applicant is requesting Conditional Use, Site Development Plan and Site Location of Development Act Modification approvals. This application includes a 10-bed, 3,095 sq. ft. nursing home addition, a 1,600 sq. ft. entry addition, a revision to the 40-unit elderly congregate housing addition and a revision of parking and circulation areas. Planning Officer Gould discussed the conditional use standards of the district, as well as, the four standard conditions for granting a conditional use. Mr. Gould noted that the applicant had submitted architectural drawings in support of the standard that the project be architecturally compatible with uses in the area. Staff felt that the application met the conditional use criteria. Mr. Gould indicated that a nursing home use is a low traffic generator and that the applicant provided additional traffic information for the addition of 10 nursing home beds that showed that there will be only a minor change in trips per day. The applicant also submitted lighting diagrams at the request of Staff. Mr. Gould indicated that all of the other details were in order. Mr. Sturgeon asked about the lighting details. Mr. Gould indicated that at the time the Memorandum was written Staff was working with the applicant to iron out the details of the proposed lighting in order for it to be demonstrated that it meets the standards of 165-81C, and that the above-grade walkway connector meet the standards of 165-100D(4)(3). Staff also noted that it would be up to the Board whether or not they wished additional traffic information submitted. Mr. Ribble discussed the lighting submittal indicating that the proposed lighting does meet the ordinance standards and that the lighting had been strategically placed on the site to take into consideration the topography so as not to cause any encroachments. Chairman Brown asked for a motion. Mr. Barnes moved that the Board grant Conditional Use approval to construct a 3,095 sq. ft., 10-bed addition for nursing home use, a 1,600 sq. ft. entry addition and other site modifications located at 758 Broadway. Mr. Sturgeon seconded the motion. The Board voted 4 to 0 in favor. Mr. Barnes moved that the Board grant Site Development Plan and Site Location of Development Act Modification 3 approvals for the same project. Mr. Sturgeon seconded the motion which also passed by a vote of 4 to 0. NEW BUSINESS Item No. 2: Site Development Plan and Site Location of Development Modification approvals for several changes to the Bangor Retirement Residence II housing complex located on the corner of Ohio Street and Griffin Road in a High Density Residential District. Bangor Retirement Residence II, LLC, applicant. Mr. Owens McCullough, with Sebago Technics, represented the applicant who is requesting Site Development Plan and Site Location of Development Act Permit Modification approvals for numerous changes to the Site Plan for the Bangor Retirement Residence site located on the corner of Ohio Street and Griffin Road. Mr. McCullough indicated that this project is presently under construction. He noted that some of the changes include minor site grading, relocation of utilities, adjustments in utility easements, sidewalk orientation and other utility changes. Chairman Brown asked if there was anyone in the audience who wished to comment. There being none, she asked for comments from Staff. Planning Officer Gould indicated that during the normal construction process and especially with larger projects, there are changes that come up during that process. The changes that have been made to this site are none of which would normally trigger Site Development Plan review by the Planning Board and could be handled by Staff. However, because this site has an approved Site Location of Development Permit and when any changes occur, Site Location of Development Modification is required. Staff decided to include those minor changes for Site Development Plan approval along with the SLODA Modification request. Mr. Gould indicated that the minor changes meet Ordinance requirements and Staff recommended approval Chairman Brown asked for a motion. Mr. Theeman moved that the Board approve the Site Development Plan for Bangor Retirement Residence II, LLC for several changes to the Bangor Retirement Residence II housing complex located on the corner of Ohio Street and Griffin Road in a High Density Residential District. Mr. Barnes seconded the motion which passed by a vote of 5 to 0. Mr. Theeman then moved that the Board approve the Site Location of Development Act Modification for the same applicant. Mr. Barnes seconded the motion which also carried by a vote of 5 to 0. 4 Item No. 3: Site Development Plan approval to demolish the existing 4MG water storage tank and replace it with a new 3.4 MG water storage tank located off of Essex Street in a Government and Institutional Service District. Bangor Water District, applicant. Mr. Wes Haskell with the Bangor Water District explained that the Water District will be receiving some economic stimulus money to demolish the existing 4 million gallon tank and replace it with a new 3.4 million gallon water storage tank at 739 Essex Street. Board Members had questions regarding future water pressure, why the applicant was proposing a smaller storage tank, would the surrounding area be affected by the demolition, and what is the age of the existing tank. Mr. Haskell indicated that because of present water quality they now find that a 3.4 million gallon tank is more than adequate. Mr. Haskell also noted that there will be no change in water pressure. Regarding any affects from demolition, Mr. Haskell indicated that demolition would be quick and there would be some noise associated with it. The existing tank was constructed in the 1950’s with a life expectancy of 80 years. Chairman Brown then asked for Staff comments. Planning Officer Gould indicated that the application is for Site Development Plan approval to replace one of the existing standpipes with a new one. The Bangor Water District has received economic stimulus monies to do this project. At the time that the Staff Memorandum as written, staff had requested clarification of the details of height, setback, lighting, internal access drives and buffer yards from adjacent residential districts. All of the information except those for buffer yards has been submitted. Staff recommended Site Development Plan approval with the condition that the applicant submit a planting plan for the required B Buffer after construction is complete. Mr. Theeman moved that the Board approve the Site Development Plan for Bangor Water District located off of Essex Street in a Government and Institutional Service District with the condition that the applicant provides a detailed planting plan for the required “B Buffer” after construction is complete. Mr. Miller seconded the motion. The Board voted 5 to 0 in favor of the motion. Item No. 4: Final Subdivision Plan approval of an amendment to an approved five (5) lot subdivision at the former Seminary property on Hammond and Union Streets in Urban Residence 2 , Contract Multi-Family and Service and Government and Institutional Service Districts. Seminary Redevelopment, LLC, applicant. Chairman Brown disclosed that she works for the Learning Center which is owned by the potential buyer of lots within this subdivision and asked the Board if they felt that she had a conflict of interest. Mr. Theeman said that because Ms. Brown as an employee was not in the decision making process that she did not have a conflict. Mr. Barnes agreed. Mr. 5 Theeman moved that Chairman Brown did not have a conflict of interest. Mr. Sturgeon seconded the motion, which passed by a vote of 4 to 0. Mr. Dick Day, with Plisga & Day represented the applicant who is requesting approval to re-lot an existing approved subdivision. Mr. Day indicated that they are merely changing lot lines for Lot 2B which is to be sold to Community Housing of Maine (Maine Hall); and Lot 1A which is proposed to be sold to the Masons (Beech Chapel). He also noted that they are also proposing a minor change to Note B in the language on the subdivision plan to clarify that the right for parking for the lots (which is on Lot 1A) will be in common. Mr. Theeman asked if they will be adding parking. Mr. Day indicated that presently there are 111 spaces on the site. Planning Officer Gould indicated that this is the third time this subdivision plan has been before the Board. This is the former Bangor Theological Seminary site which now has a variety of uses. Some of the area has been rezoned to URD-2 and just recently a contract zone change was approved for Maine Hall. The Moulton Library was acquired by the Bangor Public Library and Community Housing of Maine (CHOM) is proposing housing in Maine Hall. Staff found this application challenging because there still are unknowns as to the future uses of the buildings. This is a creation of lot boundaries. All parties will need to work together to share parking. While the change to Note B on the plan was a last minute change, Staff did not feel it would not be a problem and recommended approval. Mr. Sturgeon moved that the Board approve the Final Subdivision Plan for an amendment to an approved five-lot subdivision on Hammond and Union Streets for Seminary Redevelopment, LLC. Mr. Barnes seconded the motion. The Board voted 5 to 0 in favor of the motion. APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes. Chairman Brown indicated that the Minutes of the May 19, 2009 Meeting were in order for approval. Mr. Theeman moved to approve the Minutes of the May 19, 2009 Meeting. Mr. Barnes seconded the motion. The motion carried unanimously. As there were no further items for discussion, the meeting was adjourned at 7:58 p.m.