HomeMy WebLinkAbout2007-08-28 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF AUGUST 28, 2007
MINUTES
Board Members Present: Nathaniel Rosenblatt, Vice Chairman
Laura Mitchell
Jeff Barnes
Allie Brown
City Staff Present: David Gould
James Ring
Peter Witham
Lynn Johnson
In the absence of Chairman Guerette, Vice Chairman Rosenblatt called the meeting to
order at 7:00 p.m. Associate Members Barnes and Brown were asked to vote. Vice
Chairman Rosenblatt indicated that all of the items on the Agenda were continued from the
Board’s meeting on August 23, 2007.
PUBLIC HEARINGS
Item No. 1: Conditional Use/Site Development Plan approvals to construct a
three level, climate controlled mini-warehouse self-storage
facility located at 400 Stillwater Avenue in a Contract Shopping
and Personal Service District. Global Rand LLC, applicant.
Vice Chairman Rosenblatt reopened the Public Hearing and asked for comments from
the applicant. Mr. Randy Rand of Global Rand LLC, explained that they had previously been
before the Board to amend the contract zone for this parcel to change the impervious surface
ratio from .3 to .4. He noted that they went before the Marsh Mall Committee with this and
have received their approval. Access to the property will be through a shared drive-way with
the Little Angles Day Care and they have obtained a driveway easement. Mr. Rand also
indicated that they have obtained grading easements from the abutter for two small areas to
add some fill to improve the drainage. In addition, they have obtained some additional
property from another abutter to grade and build a berm to control stormwater. Mr. Rand
indicated that they will need another easement on the northwest side of where their
driveway enters across the driveway to do some grading out from the new pavement. The
proposed ditch is now entirely within the right-of-way. Mr. Rand indicated that they have
filed for and received a Tier I Permit to fill approximately 10,000 sq. ft. of wetlands. They
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have also filed a Permit by Rule with Maine DEP for the stormwater and they anticipate
receiving that in the near future. Mr. Rand indicated that the improvements they proposed
will reduce the stormwater runoff.
Mr. Rand explained elements of the Site Development Plan including access drives to
all three floors, the proposed parking, loading spaces, buffers, on-site circulation, and
drainage from the site. He explained that they are proposing an underdrain system to
handle stormwater runoff.
Ms. Brown asked Mr. Rand to explain the proposed grass turnaround area. Mr. Rand
indicated that it functions like turf, with a gravel base and underdrains with soil over the top
for grass to grow through it. In a torrential rain the water will percolate through it and into
the underdrain system. He explained that the only maintenance that it requires is mowing.
Ms. Mitchell had questions regarding the proposed buffering on the back of the site
next to the path. Mr. Rand indicated that they are required to provide a C buffer along the
back.
Mr. Rosenblatt indicated that the Board would like to receive copies of the various
grading easements. Mr. Rand said that all have been obtained except for the driveway
grading easement. Mr. Rosenblatt noted that the Staff Memorandum flagged an issue about
loading spaces. Mr. Rand indicated that they delineated six 10’ x 25’ loading spaces on the
plan. Mr. Rosenblatt indicated that the Ordinance requires that they be 10’ x 50’. Mr. Rand
said that the two back spaces can be used as a 10’ x 50’ space. Most of the vehicles that
they anticipate using the site will not be for deliveries of goods and services. They expect 25’
to 30’ moving, U-haul type vehicles. Mr. Rosenblatt asked Mr. Rand to explain why this
proposal meets the conditional use standards. Mr. Rand indicated that the units will not be
more than 1,000 sq. ft. in size to rent to one customer; there is a clause in their contract that
states that no flammables can be stored within the units, and that there will be so sales
activities on site.
Mr. Rosenblatt asked if revised plans had been submitted addressing Staff concerns.
Planning Officer Gould indicated that this is the first storage facility of this type in the City.
Because this is multi-storied and not the typical one-story building, the question arose as to
whether the standard would be the same. Mr. Gould did not feel that this proposal should be
required to provide any more loading spaces that any other self-storage facility needed to
provide. He said that Staff is comfortable that existing vegetation, in addition to what is
proposed to be planted, would meet the City’s buffer requirements.
Vice Chairman Rosenblatt then asked for comments from proponents. Mr. Randy
Rand, Sr., indicated that this proposal is very similar to other types of self-storage facilities
the only difference being that it is contained within one building. They do not anticipate that
the units would be any larger than what one would normally see in a typical self-storage
facility. This building will be climate controlled.
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Vice Chairman Rosenblatt then asked for comments from opponents. Ms. Lucy
Quimby, 1230 Kenduskeag Avenue, asked if any of the Marsh Mall Commission’s
considerations were incorporated in the plan such as control of the invasive species, and the
suggestions that because it is near one of the City’s primary birding areas that they consider
adding native species plants and fruit bearing plants that would enhance the birding habitat.
Mr. Rand indicated that they are willing to control invasive species, and asked their landscape
architect to use native plant species appropriate to the area.
Vice Chairman Rosenblatt closed the Public Hearing and asked for the Planning
Officer’s report. Mr. Gould indicated that the applicant is requesting Conditional Use and Site
Development Plan approvals to construct a 3-level, climate controlled mini warehouse/self-
storage facility. The building is approximately 58,875 sq. ft. and located at 400 Stillwater
Avenue in a Contract Shopping and Personal Service District. Mr. Gould gave a brief history
of the zoning of this parcel. He indicated that this use is a low-traffic generator and not a big
impact upon the neighborhood. The contract standards were designed to minimize the
overall impact on the property. Mr. Gould discussed the four required conditional use
standards and indicated that it meets the development standards of the district, it would not
create unreasonable traffic congestion or hazardous conditions, it will provide adequate and
appropriate utilities and the use is appropriate and consistent with the development in the
area. Since 1993 there has been an easement created for this property to go across the
adjacent property (presently day care). This occurred at the time of the rezoning in 1993
and has been a contract condition of this property. Parking and loading for this type of
facility is not what one would expect for a standard retail or service business. This type of
facility is not a high traffic generator which is ideal for this location on Stillwater Avenue. All
of the details for exterior lighting meet the City’s standards. The project is not in a
nonattainment watershed and they are using a modern stormwater treatment device to
manage stormwater on the site. Planning Officer Gould indicated that Staff feels that the
application is in order and recommended approval.
Vice Chairman Mr. Rosenblatt asked if there were other recommendations from the
Marsh Mall Commission that the Board should be considering. Mr. Gould indicated that he
did not know of any other specific details. Mr. Rosenblatt asked about potentially large
trucks using the site to load and unload items. Mr. Gould indicated that with the proposed
grass turnaround the site may be better to handle larger trucks than most of the other
facilities that tend to have about 24 feet of pavement around their buildings.
There being no further discussion, Ms. Mitchell moved that the Board grant Conditional
Use approval for Global Rand, LLC at 400 Stillwater Avenue to develop a 3 level climate
controlled mini-warehouse self-storage facility with the condition that the conditional use
standards that 1) that such establishment provides no more than 1,000 sq. ft. of floor area to
any one customer, 2) such establishment stores no hazardous or highly flammable
substances, 3) no sales activities of goods or materials of any sort shall be conducted from
such site and 4) that the requirements of Article 19 are met. Ms. Brown seconded the
motion. Ms. Mitchell amended her motion to include a condition that the applicant submit a
grading easement. That motion amendment was seconded. The Board voted four in favor
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and none opposed to the motion. Ms. Mitchell moved that the Board grant Site Development
Plan approval for Global Rand, LLC at 400 Stillwater Avenue. Ms. Brown seconded the
motion which also passed by a vote of four to zero.
Item No. 2: To amend the Land Development Code by changing parcels of
land located at 125 Fern Street and 166 Pearl Street from Urban
Residence One District to Contract Multi-family and Service
District. Said parcels containing approximately 50,105 sq. ft.
Bangor Steam Laundry, LLC, applicant. C.O. # 07-267.
Vice Chairman Rosenblatt opened the Public Hearing and asked the applicant if he
wished to proceed with only four members voting. Mr. Bob Kelley said that that he wished
to proceed. Mr. Kelly indicated that his wife, Suzanne, was present and he explained that
they have done a lot of downtown development and this parcel falls into that same type of
development. The building is located at 125 Fern Street which formerly housed a laundry
which was built in 1911 after the previous establishment which was downtown was destroyed
in the Great Bangor Fire of 1911. The laundry/dry cleaner facility operated at this site until it
was closed in 2000. There was a successful clean-up conducted to take care of dry cleaning
chemicals that had escaped on the site. Mr. Kelly indicated that they are proposing to
restore the buildings and create 15 housing units. They plan new heating and air
conditioning, electric, plumbing, a sprinkler system, and an elevator. They also want to
provide indoor garage space plus additional parking for guests. The footprint will basically be
the same although they do plan to remove some of the buildings (the 3 unit apartment
house at 166 Pearl Street). It is their intent to do this as a “green development” which
means making the building operate as efficiently as possible by using efficient insulation,
heating, etc. They propose to market them as condominium units to retirees or
professionals. Mr. Kelly said that he felt that this is a good reuse of this existing building.
Mr. Rosenblatt asked Mr. Kelly to explain what the anticipated open space
configuration is and if they proposed to tear down the wooden portion of the main building.
Mr. Kelly indicated that they plan large green area (lawn) on the Pearl Street side with space
for community gardens. The parking on the Fern Street side will still have an open space
area and they are planning to build a small cape style house as well.
Vice Chairman Rosenblatt asked for comments from proponents. Mr. Christopher
Olson, 126 Fern Street, indicated that he is pleased about how well the applicant
communicated with the Fern and Pearl Street residents. He indicated that he wished to
speak in favor and he could not think of a better company to fix up this property. It is a
wonderful neighborhood and he felt that this project would be a benefit to the community.
Vice Chairman Rosenblatt then asked for opponents. Mr. Brian Nadeau 153 Pearl
Street was concerned that this may be used for subsidized housing. He indicated that they
would be in favor of condominiums or some senior housing. He indicated that he was also
concerned with the amount of traffic from this project and how it would interact with Pearl
Street. He indicated that presently cars park on both sides of Pearl Street which makes it
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very difficult for traffic to go down the street. If it were any other kind of housing they
would be concerned about noise, vandalism, and the amount of traffic flow on Pearl Street.
In response to his concern, Mr. Kelly indicated that most of the proposed parking will be off
of Fern Street.
As no one else spoke, Vice Chairman Rosenblatt closed the Public Hearing and asked
for the Planning Officer’s report. Planning Officer Gould indicated that this is an application
for a Contract Zone Change from Urban Residence 1 District to Contract Multi-family and
Service District for property located on Fern and Pearl Streets. The applicant has proposed
conditions that would allow them to convert the existing brick structure into fourteen
apartments with one additional dwelling unit for a total number of residential units not to
exceed 15. The project lot coverage would not exceed 30% and the open space per unit
would exceed 500 sq. ft. with the provision for community gardens. Mr. Gould indicated that
what this effectively does is to give an idea of the resulting density. The applicant has
utilized the Multi-family and Service District such that they can have a building that has
greater than 4 units in it but then can control the density to something that equates to the
density of the Urban Residence Two District (URD-2). Staff feels comfortable that this is a
good reuse of the building. Mr. Gould further explained that what will control this are the
standards in the contract. He also indicated that these are reasonable conditions but
everyone needs to be aware that the zoning will run with the property and not the owner.
Staff feels that this is a good reuse of the building and the contract conditions make sense
and would recommended that the Board make a positive recommendation to the City
Council.
Vice Chairman Rosenblatt asked if the parking is included in the 30% lot coverage.
Mr. Gould explained that the lot coverage standard is just for the building on the lot.
Vice Chairman Rosenblatt asked for a motion. Ms. Mitchell moved that the Board
recommend to the City Council approval of the Contract Zone Change request for Bangor
Steam Laundry, LLC at 125 Fern Street and 166 Pearl Street as contained in C.O. # 07-267.
Ms. Brown seconded the motion. The Board voted four in favor and none opposed.
Item No. 3: To amend the Land Development Code by changing a parcel of
land located on Griffin Road from Government and Institutional
Service District to Shopping and Personal Service District and
High Density Residential District. Said parcel containing
approximately 16.5 acres. Judson M. Grant, Jr. and Mike Longo,
applicants. C.O. # 07-268.
Planning Officer Gould indicated that the applicant submitted a written request to
postpone this item until September 4, 2007. Vice Chairman Rosenblatt noted that the Board
opened and continued this item at its last meeting. Ms. Mitchell moved that the Board
postpone the Public Hearing on the Zone Change on Griffin Road for Judson M. Grant, Jr. and
Mike Longo to September 4, 2007. The motion was seconded at it passed 4 to 0.
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Item No. 4: To amend the Land Development Code by changing a parcel of
land located on Exchange Street and Washington Street
adjacent to the Kenduskeag Stream from Government and
Institutional Service District to Downtown Development
District. Said parcel containing approximately 34,000 sq. ft.
City of Bangor, applicant. C.O. # 07-269.
Vice Chairman Rosenblatt opened the Public Hearing and asked for a presentation.
Planning Officer Gould indicated that the City of Bangor is requesting a zone change from
Government and Institutional Service District to Downtown Development District (DDD) for a
parcel approximately 34,000 (.78 acres) which is largely a parking area along the
Kenduskeag Stream. He explained that there is a small landscaped area immediately next to
the stream and the current parking is mostly permit parking. The State of Maine has
acquired development rights to the parcel known as B-13 (on the corner of Washington
Street, Exchange Street and immediately abutting this parcel). The reason why the City is
looking to rezone the existing parking lot is because the DDD in which the court facility will
lie and the G & ISD which Kenduskeag Plaza is zoned, requires a transition zone to be
applied between the two parking lots. Currently B-13 is a parking lot and the Kenduskeag
Plaza area is a parking lot and there is no transition zone. It would require the court facility
to give up a substantial amount of acreage to provide for such a transition zone. If the
zoning changes to DDD they are considered two similar zones and the transition yard
standard does not apply. This will help to facilitate the Court project and its space needs on
Parcel B-13. The Planning Staff recommended a positive recommendation to the City
Council.
No one spoke in favor of or in opposition to this request and Vice Chairman Rosenblatt
closed the Public Hearing. Mr. Rosenblatt asked if the rezoning were to the P & O District
would the same space problem exist. Planning Officer Gould indicated that DDD zoning next
to P & O zoning may require the same transition yard as a DDD against a G & ISD.
Vice Chairman Rosenblatt then asked for a motion. Ms. Mitchell moved that the Board
recommend to the City Council approval of the zone change request from Government and
Institutional Service District to Downtown Development District for the parcel located at the
corner of Washington Street and Exchange Street as per C.O. # 07-269. Mr. Barnes
seconded the motion which passed by a vote of 4 to 0.
NEW BUSINESS
Item No. 5: Site Development Plan approval for changes to the proposed
landscaping and the addition of a rear entrance to the site at
594 Broadway in a Shopping and Personal Service District.
Maine Savings Federal Credit Union, applicant.
Vice Chairman Rosenblatt asked for comments from the applicant. Mr. Don Becker, of
CES, Inc., explained that at the time of the original approval of this site plan there were two
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Planning Board Members who indicated that they hoped that the applicant would connect this
site to the Broadway Shopping Center site. At that time the Broadway Shopping Center was
not interested in doing this. However, they are now agreeing to do so. This site plan
application proposes changes to the landscaping and adds a rear entrance to the site.
Vice Chairman Rosenblatt indicated that he was not in favor of this the first time
because he was concerned about the traffic issues. However, the concern he had is that
there is a standard that requires a certain amount of queuing space for the drive-up aspect
of this and this new access point appears to come into the middle of that queuing
arrangement. He asked Mr. Becker how they planned to avoid circulation problems. Mr.
Becker indicated that people will have to yield to one another where these two come
together. He said that now there is twice the stacking needed on-site so the extent that they
might cause additional stacking is okay and any new stacking created will be in a very low
used section of the Broadway Shopping Center parking lot. Ms. Brown indicated that after
reviewing the plans and looking at the amount of queuing space proposed she felt confident
that there is adequate space. With the proposed back entrance they will have more than
most other bank facilities and she felt that this is a great improvement.
Vice Chairman Rosenblatt asked for comments from Staff. Planning Officer Gould
noted that Staff went to the site to verify the landscaping materials and noted that the plans
needed to be revised to indicate the existing plantings. He indicated that the plans update
the landscape buffer standards to the new standards and provide the connection to the
Broadway Shopping Center site. Mr. Gould indicated that if the Board finds that the queues
will take precedence and they will meet the standards for a drive-up window, Staff would
recommend that the Board grant the applicant Site Development Plan approval with the
condition that the applicant submit an executed lease agreement to allow this
interconnection to occur.
Mr. Rosenblatt expressed concern that the standards that the Board is using
interchanges a drive-in with a drive-thru restaurant. He asked that in the future if someone
else acquired the property and wanted to put in a drive-in restaurant would it have to come
back to the Board for approval. Mr. Gould was not positive that it would need to come back
before the Board. Mr. Gould said that the one standard fits all but the Planning Board gets
the opportunity to review each one of these individually and exercise their judgment as to
what is adequate.
Ms. Mitchell moved that the Board grant Site Development Plan approval for Maine
Savings Federal Credit Union at 671 Broadway on the condition that the applicant submits an
executed access lease document. The motion was seconded by Ms. Brown and the Board
voted four to zero in favor of the motion.
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Item No. 6: Site Development Plan and Site Location of Development
Modification approvals to expand the existing long-term
parking lot located on Godfrey Boulevard in an Airport
Development District. City of Bangor, applicant.
Vice Chairman Rosenblatt asked for a presentation. Mr. Jim Ring, City Engineer,
indicated that the City is seeking Site Development Plan and Site Location of Development
Modification approvals for an expansion of the existing long-term parking lot at the terminal/
hotel area. Mr. Ring gave a history of the development in this area of the Airport, as well as,
the Airport’s Site Location Permit and previous modifications. This particular project will add
94 spaces to the existing parking lot making the total number of long-term spaces available
at that site at 707 spaces. The project is under an acre and no stormwater permit is
required even though it is in the Birch Stream Watershed. The design shows that this is a
trapezoidal shaped piece of land and the parking arrangement is around the perimeter. The
center of the site will be a green area, with a bio retention cell which will provide stormwater
treatment. Mr. Ring discussed the proposed lighting indicating that it met the City’s newly
adopted lighting standards. Mr. Ring discussed the proposed landscaping indicating that it
also meets or exceeds all requirements for landscaping.
Vice Chairman Rosenblatt asked for Staff comments. Mr. Gould indicated this
application is for Site Location of Development Modification and Site Development Plan
approvals for a 94-space parking lot expansion. The plans meet the requirements of the
Land Development Code as well as those standards for Site Location of Development
Modification and Staff recommended approval.
Ms. Mitchell moved that the Board grant Site Development Plan approval and Site
Location of Development Act Modification approval for the City of Bangor at BIA on Godfrey
Boulevard. Mr. Barnes seconded the motion. The motion passed by a vote of 4 to 0.
APPROVAL OF MINUTES
Item No. 7: Planning Board Approval of Minutes.
There were no minutes to approve.
Other Business
There being no further items for discussion, the meeting was adjourned at 8:45 p.m.