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
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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
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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.
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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.
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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.