HomeMy WebLinkAbout2008-04-01 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF APRIL 1, 2008
MINUTES
Board Members Present: Allie Brown, Chairman
Jeff Barnes
David Clark
Doug Damon
Laura Mitchell
Miles Theeman
Nathaniel Rosenblatt
City Staff Present: David Gould
Jim Ring
Paul Nicklas
Peter Witham
Bud Knickerbocker
News Media Present: Bangor Daily News
Chairman Brown called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Brown asked for a
motion. Mr. Theeman moved to approve the Consent Agenda. Mr. Rosenblatt seconded the
motion which passed by a vote of 7 to 0. The Item approved is as follows:
Item No. 1: Site Development Plan approval to construct a 10,992 sq. ft.
building at 15V BanAir Road in an Urban Industry District. Lead
Mountain Properties, applicant.
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PUBLIC HEARINGS
Item No. 2: To amend the Land Development Code by changing a parcel of
land located at 24 Larkin Street from General Commercial and
Service District to Neighborhood Service District. Said
parcel containing approximately .55 acres. Bill Masters,
applicant. C.O. # 08-126.
Chairman Brown opened the Public Hearing. Member Damon advised the Board that
he has the property directly behind this property listed for sale and asked if the Board felt
that he should be recused from consideration of this item. Mr. Theeman moved that Mr.
Damon has a conflict of interest and should recuse himself. Mr. Rosenblatt seconded the
motion which was passed by a vote of 6 to 0. Chairman Brown then asked the applicant to
make a presentation.
Mr. Bill Masters, the applicant, indicated that he wanted to redevelop this historic
building for mixed residential and commercial uses (approximately 10 dwelling units and 5
office suites). Mr. Masters noted there currently is parking on the property but he might want
to rearrange some to create a landscaped front yard.
Chairman Brown then asked for comments from proponents or opponents. Mr. Gerry
King, 55 Lincoln Street, (the house was immediately behind this property) was very
concerned about adding parking to the rear of the property. The conversion of the former car
wash to a bar has created numerous problems for his residential property.
Mr. Joe Quinn indicated that Mr. Masters has a good track record in doing projects
well.
Planning Officer David Gould indicated that the proposed rezoning was intended to
allow mixed use at the property. Presently the General Commercial and Service Zoning
District (GC&S) allows for heavy commercial uses with outdoor storage such as automobile
sales and equipment rental. Mr. Gould noted the Neighborhood Service District limits the
amount of commercial floor area and does not allow alcohol to be served on the premises.
Mr. Gould noted the change would appear a better zone for the neighborhood than GC&S.
Mr. Gould noted that the second legal notice did not get published by the Bangor Daily News.
While the City sends out written notice to all abutters and a sign is posted on the property
there are two notices that are published in the local newspaper. Unfortunately, the second
notice did not get published which the Board should be aware of. Mr. Gould noted one issue
is the timing of the applicant’s purchase and sales agreement that is time sensitive. It will be
a few weeks before the Council meets so there is time to publish another legal ad, wait seven
days and have a continued hearing.
The Board asked what protections were in place to protect adjacent residential
property. Mr. Gould noted if changes were made to the exterior of the site it would need to
return for site plan review. The Land Development Code requires transition yards between
commercial and residential properties and parking buffers between parking lots and adjacent
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properties. The Board discussed the legal ramifications of proceeding without a second notice
and many Members indicated their support for the proposed project.
The Board voted 6 to 0 in favor of a motion to continue the Public Hearing until April
10, 2008 at 4:00 p.m. after the second notice can be published consistent with the State
guidelines.
OLD BUSINESS
Item No. 3: Preliminary Subdivision Plan approval for a 6-lot residential
subdivision at 1528V Ohio Street in a Low Density Residential
District. Woods of Maine, Inc., applicant.
Chairman Brown indicated that this item was continued from the March 18, 2008
meeting. Mr. Don Becker, representing the applicant, noted the recent site visit and asked
the Board to approve this Preliminary Plan with some guidance for the applicant as to what
they would like to see on the plan prior to submission for final plan approval. Referring to
some of the issues that came up at the last meeting, Mr. Becker explained that there is
interest in serving these lots from the rear with utilities which would make the sidewalk along
Ohio Street that connects to no sidewalk impractical. Mr. Becker indicated that the applicant
would prefer not to put sidewalks on Ohio Street because there is ledge in that area and they
would like to avoid blasting.
Mr. Rosenblatt asked about the issue of sight distances. Mr. Jim Ring indicated that
he raised this issue for the proposed driveway between Lots 1 and 2 (closest to the Church
and Davis Road). The posted speed limit is 35 mph and the required site distance (an MDOT
standard) is 305 feet. Mr. Ring did not believe that there was 305 feet of distance here and
there was not adequate site distance for those first two lots. Mr. Ring indicated that there is
adequate site distance for the other two driveways (Lots 3 and 4 and Lots 5 and 6).
Chairman Brown asked for comments from proponents and opponents. Mr. Randy
Gardner an abutting landowner on Davis Road did not feel there was any reason why this
project shouldn’t move forward at this time as it is the best use of this property. As no one
else spoke, Chairman Brown closed the Public Hearing.
Mr. Rosenblatt had concerns about the sight distance issue. He indicated that he
would not vote in favor of the preliminary plan as he felt that there needed to be further
work done on this.
Mr. Damon asked if there were traffic issues with the nearby church. Mr. Ring
indicated that he was not aware of any. He noted that the church is located at the crest of
the hill. Mr. Damon indicated that because the driveway is proposed to be elevated he did
not think that this would be a problem. Ms. Mitchell had concerns about the sight distance
issue, pedestrian and access issues, and access and configuration of the open space. She
indicated that she would vote against this. Mr. Barnes, after going on the site visit, felt that
it was adequate as proposed. Chairman Brown indicated that she was not comfortable with
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the first driveway either but because this is a preliminary plan the applicant will need to come
back and address these issues.
Mr. Becker indicated that the applicant would like to propose a fee in lieu of the open
space in the final plan stage. He asked that the Board give the applicant preliminary
approval based on the presumption that those lots either won’t exist (Lots 1 and 2) or they
would be served from the rear with an easement. They applicant would prefer not to build
sidewalks because they will be very difficult to construct as there is a large rock they would
like to avoid removing and there is no open space to have to get to.
Ms. Mitchell felt that the applicant is proposed dramatic changes from what is before
the Board and she was not comfortable approving something that is so vastly different on the
hope that the Board will get something different later. She indicated that she would feel
more comfortable with a new preliminary plan. Mr. Rosenblatt and Mr. Theeman agreed.
Mr. Barnes felt that because this is a preliminary approval that the Board could reach an
accord.
Mr. Becker explained that they are not proposing to change the location of anything
only that Lots 1 and 2 would no longer be part of the approval, the open space will
disappear, and if the Board wants sidewalks they could be a condition of approval.
Mr. Rosenblatt indicated that he would support cash in lieu. Mr. Clark indicated that
he would support approving the preliminary plan with the appropriate conditions which
specified the Board’s concerns. Mr. Theeman indicated that he could not support this plan if
it did not include sidewalks.
After considerable discussion, Chairman Brown asked for a motion. Mr. Rosenblatt
moved that the Board grant Preliminary Subdivision Plan approval for a variation of the
proposed subdivision at 1528V Ohio Street, Woods of Maine, Inc. applicant, on the following
three conditions. 1) that Lots 1 and 2 be removed from the subdivision so that there will
only be four remaining lots, the ones that are currently numbered 3, 4, 5, & 6; 2) that in lieu
of actual open space the City receive cash in lieu; and 3) that a sidewalk be added along
Ohio Street. Mr. Theeman seconded the motion. The Board voted six in favor and one
opposed to the motion.
NEW BUSINESS
Item No. 4: Site Development Plan and Site Location of Development
Modification approvals for construction of a 3,341 sq. ft.
expansion of the existing Four Points Sheraton Hotel located at
Bangor International Airport in an Airport Development
District. New Castle Hotel Corporation, applicant.
Chairman Brown asked for a presentation by the applicant. Mr. Paul Brody, WBRC
Architects/Engineers, representing the applicant explained that this application is for
approvals for a 3,341 sq. ft. expansion of the existing Four Points Sheraton Hotel located at
the Airport. The applicant proposes to enclose the bottom floor of the hotel to add a
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swimming pool, workout area, and a meeting space. In addition, the applicant is proposing
to turn the meeting space on the top floor into guest rooms, and create a slight expansion of
the seating in the hotel restaurant. Eight additional parking spaces are being proposed to
accommodate the additional square footage, as well as, a new access that meets ADA
requirements.
Board Members had questions regarding the existing entrance and if the proposed
propane tanks met requirements. Mr. Brody explained that the entrance would not change
and the tanks met all requirements.
Planning Officer Gould indicated that the applicant is requesting Site Development
Plan and Site Location of Development Modification approvals for construction of a 3,341 sq.
ft. expansion to the Four Points Sheraton at the Airport in an Airport Development District.
This project consists mostly of modifications to the interior portion of hotel and will have a
minor impact. Staff feels that all of the details are in order and recommended approval of
both applications.
Mr. Rosenblatt moved that the Board grant Site Development Plan approval for the
proposed expansion of the existing Four Points Sheraton Hotel at Bangor International
Airport, New Castle Hotel Corporation, applicant. Ms. Mitchell seconded the motion which
passed by a vote of 7 in favor and 0 opposed. Mr. Rosenblatt moved that the Board grant
Site Location of Development Modification approval with respect to the proposed expansion
of the Four Points Sheraton Hotel at Bangor International Airport, New Castle Hotel
Corporation, applicant. Ms. Mitchell seconded the motion which carried unanimously.
Item No. 5: Site Development Plan approval to construct a three-unit
residential building and a four-unit residential building at 543
Kenduskeag Avenue in a High Density Residential District.
Ralph McPherson, applicant.
Chairman Brown asked for a presentation by the applicant. Ms. Shelly Lizotte, of
Ames Architects and Engineers, represented the applicant, Mr. McPherson who is proposing
to build two, new structures containing seven units and along with the existing house there
will be a total of 8 units. The two new buildings will be served by City sewer and water. One
building will have four two-car garages underneath the building and the other building will
have three single-car garages on the first floor. The applicant proposes 16 parking spaces.
In addition to the two new buildings, the applicant plans to build an attached two-car garage
to the existing residence. She indicated that they submitted revised site plans to address
Staff’s concerns.
Mr. Theeman asked what the plans were for the existing house. Ms. Lizotte indicated
that it is to remain as a single-family residence. Mr. Rosenblatt had questions about the
minimum lot size and the total number of units for this development. Mr. Gould explained
that the Ordinance allows building multiple buildings on a single parcel. What controls this is
the density standard.
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Ms. Mitchell asked if the concerns expressed by Staff in the Staff Memorandum had
been addressed. Mr. Gould indicated that they have been except for more information on
the details of the lighting fixtures and that these could be provided later. Ms. Mitchell asked
if information regarding sight distances was provided. Mr. Gould indicated that the
applicant’s engineer did an evaluation of sight distances. This information was provided to
the City Engineer. They also provided additional stormwater information for review.
Mr. Jim Ring, City Engineer, indicated that he had requested more information
regarding the sight distance and stormwater. Mr. Ring said that in this case the sight
distance is approximately 350 feet which is in excess of what would be required for the
established travel speed along Kenduskeag Avenue. With respect to the stormwater, there is
a small increase but because this is a relatively small site it does not trigger any stormwater
regulations.
Mr. Rosenblatt moved that the Board grant Site Development Plan Approval for the
proposed development at 543 Kenduskeag Avenue, Ralph McPherson, applicant, on the
condition that the applicant provide details regarding lighting fixtures in a fashion satisfactory
to Staff. Mr. Damon seconded the motion. The motion carried unanimously.
Item No. 6: Site Development Plan approval to revise the existing parking
lot layout and construct a new entrance at 877 Stillwater
Avenue in a Shopping and Personal Service District. Palace
Realty, LLC, applicant.
Attorney P. Andrew Hamilton, representing the applicant, explained that both of the
next two projects relate to site access drives onto property. They are associated with the
final build out of several large projects on Stillwater Avenue. This item is the Lambs
Bookstore site which is immediately across from the location where the Wal-Mart will be
constructed. Presently this site is accessed by an access drive on the in-town side of the site.
The proposed location of the new driveway is directly across from the driveway for the new
Wal-Mart. This is a requirement of the MDOT Traffic Movement permit issued to the Wal-
Mart Project. Under that permit Wal-Mart is required to align the access of this site with their
entrance. The existing access will be configured as a right-hand turn only access. Mr.
Hamilton indicated that Royce Cross and Alice Dyer of Palace Realty LLC, and Jodi O’Neil and
Mike Waugh from the James W. Sewall Company were present in support of this application.
Mr. Theeman asked if it would be better to only have one access rather than keeping
the existing access open even though it is a right-hand turn only. Mr. Mike Waugh explained
that they did not feel that the existing access will cause problems because it is going to be
configured as a right in, right out. The access will be chanelized and there are no conflicting
movements from that drive with the traffic on Stillwater Avenue. Mr. Theeman asked what
the distance was between the two accesses. Mr. Waugh indicated that it is approximately
180 feet.
Ms. Mitchell asked if it would remove a significant amount of impervious area if the
driveway were removed and planted. Mr. Hamilton explained that most of the additional
pavement is associated with the additional lane that had to be added around the back of the
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building. Now, traffic circulation comes from the lower access drive and there is only a
loading zone and trucks move behind the building. Mr. Hamilton indicated that the Staff
memo notes that the additional impervious surface is more than off-set by the stormwater
management measures that are proposed for this site. Ms. Jodi O’Neal indicated that they
tried to collect all of the impervious area possible to treat and take care of any new
impervious area.
Mr. Rosenblatt asked about Staff’s suggestion that there be as a condition of approval
that all of the off-site improvements be in place before this entrance is utilized. Mr. Gould
explained that it is Staff’s feeling that this entrance not be operational until all of the other
elements of that roadway project for the Wal-Mart intersection be in place because this site
plan is a result of the Wal-Mart project.
Mr. Theeman asked if the Wal-Mart development is further postponed if the applicant
would be committed to build this driveway with no assurance that it could ever be used. Mr.
Waugh indicated that the applicant is proposing to subcontract the construction of this
driveway to the Wal-Mart contractor so that they would be built in conjunction with each
other. If the Wal-Mart project doesn’t get built, this drive doesn’t get built.
Planning Officer Gould indicated that when the Wal-Mart project was reviewed a
footnote was added that other accesses across the street be looked at. In this instance Staff
was happy that the applicant took the additional step to deal with stormwater quality even
though they did not need to do this. Mr. Gould indicated that all of the Staff’s concerns
have been addressed and Staff would recommend approval with the condition that the
proposed driveway not be utilized until all of the other elements of those off-site traffic
improvements for the Wal-Mart project are in place.
Mr. Rosenblatt asked if the new stormwater measures would be less taxing on the
Penjajawoc Stream. Mr. Ring indicated that it would be.
There being no further discussion, Chairman Brown asked for a motion. Mr.
Rosenblatt moved that the Board grant Site Development Plan approval for the proposed
revision to the parking lot layout and entrance at 877 Stillwater Avenue, Palace Realty, LLC,
Inc. on the condition that the new entrance drive not be utilized until all of the interrelated
supporting traffic improvements are in place. Mr. Theeman seconded the motion. The
motion carried unanimously.
Item No. 7: Site Development Plan approval to revise the existing parking
lot layout and construct a new entrance onto Drew Lane at 444
Stillwater Avenue in Contract Shopping and Personal Service
Districts. Stillwater Avenue, LLC, applicant.
Attorney P. Andrew Hamilton, representing the applicant, explained that this project
relates to the fact that currently vehicles turning into what used to be the former USDA
building have to take a left-turn in across traffic coming inbound on Stillwater Avenue which
is a very difficult traffic maneuver. Mike Waugh provided information to the Engineering
Dept. regarding both the performance of the current entrance, as well as, the performance of
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the proposed entrance on Drew Lane. Mr. Hamilton explained that the applicant is proposing
to make the existing principal access on Stillwater Avenue into a right-in, right-out only
entrance and to add a principal access onto Drew Lane. Mr. Hamilton noted that they held a
neighborhood meeting at Acadia Hospital on Feb. 21, 2008. At that meeting there were 7 or
8 neighbors who came and spoke. Many of their questions related to the effectiveness of the
traffic light at the intersection of Drew Lane and Stillwater Avenue and to the traffic patterns.
th.
The applicant also had a meeting with the Marsh Mall Commission on March 7 He
explained that while this parcel is outside of the Penjajawoc watershed it does come within
the jurisdiction of the Commission. At that meeting they presented the site plan and
received unanimous approval from the Commission.
Mr. Hamilton noted that there have been numerous meetings with staff to work
through the traffic safety and mitigation considerations. The site was not developed in
accordance with the original site plan approval and this applicant has attempted, through this
site design, to fix the issues that needed to be addressed. Mike Waugh and Merideth
Kirkman were also present to answer questions.
Mr. Rosenblatt asked how many people were invited to the neighborhood meeting.
Mr. Hamilton indicated that the list included residents of Drew Lane, Jennifer Lane and one
other residential street. He said that he did not recall hearing anyone at the neighborhood
meeting indicate that there was a lack of notice. Those not able to attend were invited to
call the Cross Agency with their questions. Mr. Rosenblatt asked what the traffic count was
for the traffic being diverted from one location to another. Mr. Waugh indicated that they did
counts as an existing case and as a worst case. He discussed the various counts which
included the build out of Shaw’s and Wal-Mart. At the traffic signal it is presently at a Level
of Service B and with reassignment they still come out with a Level of Service B.
Mr. Theeman indicated that he felt that taking advantage of the traffic light would
significantly help access to and egress from this building.
Planning Officer Gould indicated that this is a request for Site Development Plan
approval to look at a new entrance driveway to this site at 444 Stillwater Avenue. Back in
the 1980’s when this site was first developed it was recommended that the access to the site
be from Stillwater Avenue. At the time that the Parkade development was developed, a
signal was installed at Drew Lane and Stillwater Avenue and most of the neighborhood really
appreciated the ability to get in and out of Drew Lane. This applicant came to the City
because they were having a hard time getting in and out of this site and asked the City to
rethink its position on access to Drew Lane. Staff felt that what made this an equitable trade
off was the concept of off-site improvements to provide a pedestrian link to Stillwater
Avenue. This project, if approved, will provide a pedestrian sidewalk that will run from
Garden Way all the way to Stillwater Avenue. In an attempt to add to the capacity of Drew
Lane, the concept of the right hand turn lane to be added to the roadway came about. While
the traffic analysis shows that it won’t make much difference on the level of service on Drew
Lane, it will make a tremendous difference exiting and entering this site. Mr. Gould indicated
that Staff has worked with the applicant to bring the site into conformance with the contract
zoning conditions for buffers, arrangement of the parking lot, and setbacks. Staff felt that
the plan is in order but pointed out that the detailed off-site improvements are things that
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will take some more refining and those construction plans should be provided to the City
Engineer’s Office prior to being built because they will eventually become public off-site
improvements.
As there was no further discussion, Chairman Brown asked for a motion. Mr.
Rosenblatt moved that the Board grant Site Development Plan approval with respect to the
proposed revision to the parking lot layout and new entrance onto Drew Lane at 444
Stillwater Avenue, Stillwater Avenue LLC, applicant, on the condition that the applicant
provide the City Engineer’s Office with detailed construction plans for work that will occur
within the public right-of-way. Ms. Mitchell seconded the motion. The motion carried by a
vote of 7 to 0.
APPROVAL OF MINUTES
Item No. 8: Planning Board Approval of Minutes.
Chairman Brown noted that the Minutes of the recent Site Visit were in order for
approval. The Minutes were unanimously approved as printed.
There being no further items for discussion, the meeting was adjourned at 9:30 p.m.