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HomeMy WebLinkAbout2009-11-17 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF NOVEMBER 17, 2009 MINUTES Board Members Present: Allie Brown, Chairman Jeff Barnes Paul Bolin, Alternate Member Doug Damon John Miller Andy Sturgeon Nathaniel Rosenblatt City Staff Present: David Gould Bud Knickerbocker Peter Witham Chairman Brown called the meeting to order at 7:00 p.m. In the absence of Board Member Theeman, Alternate Member Bolin voted. NEW BUSINESS Item No. 1: Site Development Plan approval to construct a 2,000 square foot addition to an existing 5,000 square foot building at 284 Perry Road in an Industry and Service District. Rowen and Emerson Realty Corp., applicant. Mr. Fred Marshall of Plymouth Engineering represented the applicant who is requesting approval to construct a 2,000 sq. ft. addition to the existing building at 284 Perry Road. Mr. Marshall explained that the applicant is anticipating a new tenant that is requiring 2,000 additional sq. ft. of warehouse space. He noted that the Board approved a revision to the site in 2006. At that time, there were buffers required that were never done. Since that time, the buffer requirements in the Industry and Service District have changed and buffers are no longer required along the sides. However, there is existing vegetation on both sides of the site. Planning Officer Gould indicated that this is a request for approval of a 2,000 sq. ft. addition to the building located at 284 Perry Road. The proposed addition is located on top of area to the rear of the building that was already impervious area so there is no real impact to the site. All the details are in order and Staff recommended approval. 2 Mr. Barnes moved to approve the Site Development Plan to construct a 2,000 sq. ft. addition at 284 Perry Road in an Industry and Service District for Rowen and Emerson Realty Corp., applicant. Mr. Rosenblatt seconded the motion. The Board voted 7 to 0 in favor. Item No. 2: Planned Group Development approval of an approved Site Development Plan to construct a 139,216 square-foot retail building and two 6,006 square-foot restaurant buildings located at 70 Springer Drive in a Shopping and Personal Service District and a General Commercial and Service District– PS Bangor, LLC, applicant. Mr. Paul Cincotta representing the applicant explained that they are requesting Planned Group Development approval for their originally approved site development plan. When the original site development plan (at the former Wal-Mart site) for a new Lowe’s store was approved (in 2007), the applicant did not request Planned Group Development Approval for construction of the 139,215 sq. ft. retail building and two 6,006 sq. ft. restaurant buildings. The plan before the Board now is the same plan as was originally approved except that there are lines depicting a Planned Group Development. Mr. Cincotta noted that in September of 2009 the applicant also received site development plan and planned group development approval of a smaller Lowe’s building and one retail building. He explained that Lowe’s had not decided on which plan it wished to pursue but had requested Planned Group Development approval on the originally approved plan. This will give them more flexibility. Planning Officer Gould explained that in 2007 the Board approved a plan for a larger Lowes building and the two restaurant sites. At the time of the original application they were in a race to beat the deadline for the Informed Growth Act which would require many additional State required “hoops and hurdles.” There was discussion of a Planned Group Development. A Planned Group Development (PGD) is utilized where there is one overall site plan and certain elements of the plan will be owned by separate entities. Under normal circumstances those property lines could create ordinance nonconformities (setbacks, lot coverage, Impervious Surface Ratios, etc). The Planned Group Development recognizes the project, as a whole, meets the land development code standards and allows smaller potions, that on their own, may not meet ordinance standards, be sold when a common ownership scheme is in place. The difference being if you lease out the smaller parcels you do not need a Planned Group Development. If you want to sell them you need Planned Group Development approval. Mr. Gould explained that after that approval, another plan was submitted (in 2009) requesting approval of a smaller Lowe’s building and one larger retail store. This allowed them to reconfigure the site somewhat differently and request Planned Group Development approval. The plan approved in 2009 is still valid and they have requested an extension of the 2007 plan which is also still valid. They will need to choose one or the other. They cannot pick and choose pieces of one or the other. As all of the details are in order, Staff recommended approval with the condition that a copy of the executed Planned Group Development Agreement be submitted to the City. 3 Mr. Rosenblatt indicated that he wished to clarify that this is not a new site plan before the Board to approve. Mr. Gould stated that the only thing new on this plan is the ability for them to sell the two outparcels. Mr. Miller asked about the main entrance noting that the recently approved site plan showed a shift in the main entrance which was felt to be better than the existing entrance. Mr. Cincotta indicated that the entrance is in the same location as the existing entrance when there are two out parcels; it is shifted slightly on the plan that has one out parcel. Mr. Gould indicated that both entrances met minimum standards. The subsequent design appeared to have some advantage as to sight distances. Staff didn’t have a concern with the original entrance. Mr. Bolin moved that the Board approve the request for Planned Group Development of an approved Site Development Plan to construct a 139,216 sq. ft. retail building and two 6,006 sq. ft. restaurant buildings located at 70 Springer Drive in a Shopping and Personal Service District and a General Commercial and Service District - PS Bangor, LLC, applicant. Mr. Barnes seconded the motion. Mr. Bolin amended the motion to add a condition that the applicant submit an executed copy of the Planned Group Development agreement to the City. Mr. Barnes seconded the motion as amended. The Board voted 7 to 0 in favor. APPROVAL OF MINUTES Item No. 3: Planning Board Approval of Minutes. Chairman Brown indicated that she would entertain a motion on the Minutes of the November 3, 2009 Meeting. Mr. Barnes moved to approve the Minutes of the November 3, 2009 Meeting. Mr. Rosenblatt seconded the motion, which passed unanimously. Other Business The Board discussed the 2010 Planning Board Meeting Schedule. Due to scheduling conflicts, it was the consensus of the Board to reschedule the second meeting in April. Mr. Gould suggested that the Board delete this meeting and if needed, schedule a special meeting. He explained that the dilemma is that people are accustomed to the Board’s normal meeting pattern and there is a certain amount of time before a meeting that Staff needs to schedule, provide notice, and to advertise public hearings, etc. When meetings changed, it can upset that pattern. Board Members agreed. Mr. Gould indicated that Staff would provide the Board with a tentative 2010 Schedule. In other business, Planning Officer Gould indicated that at some point the Board will need to revisit their By-Laws due to the Council’s change to the set up of the Board. There are no provisions for the Alternate Member and this needs to be clarified in the By-Laws. He indicated that Staff will draft up language for the Board’s review. As there were no other items for discussion, the meeting was adjourned at 7:20 p.m.