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HomeMy WebLinkAbout2007-12-04 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF DECEMBER 4, 2007 MINUTES Board Members Present: Robert Guerette, Chairman David Clark Nathaniel Rosenblatt Miles Theeman Laura Mitchell Jeff Barnes Allie Brown City Staff Present: David Gould James Ring Bud Knickerbocker Peter Witham News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve the Consent Agenda. That motion was seconded by Mr. Theeman, and it passed unanimously. The item approved is as follows: Item No. 1: Site Development Plan approval to construct a 10,960 sq. ft., single-story building for warehouse use with a finished office area located at 15V BanAir Road in an Urban Industry District. Lead Mountain Properties PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing a portion of 146 Howard Street from Park and Open Space District to Urban Residence One District. Said portion of a parcel containing approximately 3,000 sq. ft. City of Bangor, applicant. C.O. # 08-029. 2 Chairman Guerette opened the Public Hearing and asked for a presentation. Planning Officer David Gould representing the City of Bangor, explained that this zone change request is the result of the discontinuance of Enfield Street and the acquisition of the remaining right- of-way by a prior property owner. Mr. Gould explained that when streets are discontinued ownership reverts to the abutting property owners and the land is split down the middle between them. At the time that this was discontinued the owners at 146 Howard Street requested that they be given the entire right-of-way because the abutting zoning was Park & Open Space. The property owner is now interested in making all of his property uniformly zoned. Mr. Gould indicated that the proposed rezoning is little more than an adjustment of the zoning boundary line to coincide with the property which is now single-family residential use. Mr. Gould noted that should the present owner wish to construct an accessory structure on that portion of this property it would not likely be allowed in the Park and Open Space District. The Planning Staff recommended that the Planning Board recommend passage of the proposed zone change as contained in C.O. # 08-029. Mr. Michael Alley, owner of the property at 146 Howard Street, explained that this all came about because he wants to relocate a storage shed to this portion of his parcel. As no one spoke in opposition, Chairman Guerette closed the Public Hearing. Mr. Rosenblatt moved that the Board recommend approval to the City Council of the zone change request for a portion of 146 Howard Street for the City of Bangor as contained in C.O. # 08-029. Mr. Theeman seconded the motion which passed unanimously. Item No. 3: Amending Chapter 165, Section 13 – to add definitions for cellular communication tower, public service uses, radio and television broadcast tower and wireless communications equipment and to amend Chapter 165-105 D. to eliminate radio and television towers as conditional uses in the Rural Residence and Agricultural District. City of Bangor, applicant. C.O. # 08- 031. Chairman Guerette opened the Public Hearing. Planning Officer Gould indicated that this is a result from the City Council’s moratorium prohibiting the issuance of building permits for radio and television towers. The City Council has raised concern as to whether or not the Land Development Code is still appropriate in allowing extremely tall structures in the Rural Residence and Agricultural District given the nature of development today and the shrinking rural area in Bangor. This amendment proposes to remove radio and television towers from the Rural Residence and Agricultural District while adding provisions for Cellular Telecommunication Towers. Given the increased demand on the Rural District as a place to meet Bangor’s demand for residential development and the number of lots in industrial districts that would support radio and television towers, the Rural Residence and Agricultural District no longer appears to be a appropriate alternative. 3 After review of the available options for radio and television towers within the City, the demand for such locations, and the potential to alter the existing setback and other performance standards, the Transportation and Infrastructure Committee (TIC) voted to proceed through the process with this proposed amendment. Mr. Gould explained that the proposed amendment provides for cellular communication towers. Also new definitions would make distinctions between radio and television towers and cellular communication towers, cellular antennas, public safety communications and exclude them from public utilities and public services. This amendment is intended to be effective retroactively to coincide with the City Council’s moratorium on radio and television towers in the RR&A District (July 1, 2007). Mr. Gould explained that while this amendment is an initial step in regulating telecommunication towers it is not a completed work and there still is more work that needs to be done. Mr. Rosenblatt asked why is it preferable to ban television and radio towers all together rather than to better regulate them. Gould explained that Staff worked on language where the set back was equal to the height of the tower. In this case what happens as the tower gets taller the land area gets larger. Because they would need to be large distances away from property lines, the number of locations that would apply would be very limited and this did not seem worth the effort especially with the market demand for those types of facilities. Staff reviewed applications back to the early 80’s and the only one other one was in the Rural Residence and Agricultural District. Mr. Gould noted that the three major television networks are located in Bangor but their towers are not because there isn’t a suitable site in Bangor. Mr. Rosenblatt asked if these towers are prohibited in the Rural Residence and Agricultural District, where else would they be permitted in the City. Mr. Gould indicated the various industrial districts (Urban Industry District and Industry and Service District) where they would be suitable. Chairman Guerette asked for comments from proponents. Ms. Barb Wais of 252 Finson Road indicated she appreciated all the work done by the City Council to deal with radio and television towers in the Rural District. She felt they did not belong in a rural area that should be preserved for wildlife and open space. Mr. Les Swartz of 136 Finson Road indicated that he found that the rural area along the Kenduskeag Stream was too special to develop with radio towers. Mr. Swartz believed that a pair of eagles were building a nest on the banks of the Kenduskeag, as well. Ms. Beverly Schumacher of 208 Finson Road wanted to thank the Transportation & Infrastructure Committee and the Planning Board for all the work they had done on this issue. She thought it was very important to preserve the peaceful environment of rural Bangor and that radio and television towers could be located elsewhere in the City. There were no opponents to the proposed zoning amendment. Chairman Guerette closed the Public Hearing. Member Rosenblatt had some concerns with minor details of the proposed definitions and thought they might be made clearer. Mr. Rosenblatt was curious as 4 to why the proposed amendment seeks to eliminate radio and television towers as opposed to developing better review standards in siting them. Member Theeman was concerned that the proposed amendments appear to be incomplete and rushed. Member Mitchell indicated she wished the Council and TIC Committee had communicated with the Board more prior to sending the proposed amendment such that there could be a better understanding of the background of the Committee’s approach. Chairman Guerette indicated he was not in favor of the proposed amendment as it appears to be an attempt to circumvent the Planning Board’s approval of the Hecht project after the fact. The Board agreed while they did not like the amendment as proposed they could agree that elimination of radio and televisions towers in the RR&A District is likely a reasonable conclusion based on the details of other available sites, the complexity of regulating such uses effectively, and the limited market demand for such locations. Mr. Rosenblatt moved that the Board recommend approval of the Zoning Amendment to Chapter 165, Section 13 as contained in C.O. # 08-031 to the City Council. Mr. Theeman seconded the motion. The Board voted two in favor and three opposed. NEW BUSINESS Item No. 4: Planning Board Discussion of Draft Open Space Standards. The Board discussed the draft Open Space Standards language and in particular cash in lieu of and its basis, types of preferred usable open space, and off-site open space. Chairman Guerette asked Board Members to continue to review this language and forward their comments to the Planning Officer. APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes. Chairman Guerette indicated that the Minutes of the August 7, 2007 Meeting were ready for Board consideration. Mr. Rosenblatt moved to approve the Minutes of the August 7, 2007 Meeting. Ms. Brown seconded the motion, which carried unanimously. There being no further items for consideration the meeting was adjourned at 8:55 p.m.