HomeMy WebLinkAbout2007-05-01 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 1, 2007
MINUTES
Board Members Present: Robert Guerette, Chairman
Nathaniel Rosenblatt
David Clark
Laura Mitchell
Allie Brown
Jeff Barnes
City Staff Present: David Gould
James Ring
Peter Witham
Bud Knickerbocker
News Media Present: Bangor Daily News
Chairman Guerette called the meeting to order at 7:00 p.m. In the Absence of Board
Member Theeman, Associate Members Brown and Barnes were asked to alternate voting on
the items beginning with Associate Member Brown.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Guerette asked for a
motion. Mr. Rosenblatt moved that the Board approve the Consent Agenda with the
condition that the applicant submit an improvement guarantee for work to be undertaken on
East Broadway within 120 days. Ms. Mitchell seconded the motion. The Board voted 5 to 0
in favor of the motion.
Item No. 1: Final Subdivision Plan re-approval of a Developmental
Subdivision Plan for 36 condominium units located at 606V
Essex Street in a Low Density Residential District. Maine
Capital Companies/Scott LaLumiere, applicants.
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PUBLIC HEARINGS
Item No. 2: Conditional Use/Site Development Plan approval for a kennel
use (doggie daycare/grooming) located at 392 Kittredge Road
in a Rural Residence and Agricultural District. Hallie Tyler,
applicant.
Chairman Guerette opened the Public Hearing and asked for a presentation by the
applicant. Ms. Hallie Tyler, the applicant, explained that she wished to put in a small doggie
day care/grooming center/kennel on the Kittredge Road. The nearest abutting neighbor
would be about 980 feet away. The proposed 32’ x 50’ building will be two stories with her
business downstairs and her living quarters upstairs. She proposes an outdoor fenced in
area for the dogs to play. Presently she has a 15 passenger van in which she picks up most
of the dogs and then takes them home so there won’t be a lot of traffic associated with this
use.
Chairman Guerette asked if there is a building on this property now, if Ms. Tyler
owned the property, or if she will doing any breeding or raising of dogs. Ms. Tyler indicated
that the property is vacant now, purchase of the property is contingent upon her obtaining
approvals and she does not plan to breed or raise dogs. She explained that it would be more
like an upscale doggie resort as opposed to a kennel. There would be no outdoor chain
linked fencing and caged up dogs and she envisioned approximately 20 to 25 dogs.
Ms. Mitchell asked if the dogs stayed overnight. Ms. Tyler said that there could be but
it would be mostly daycare. Presently she does take 5 or 6 dogs overnight and when she
resides there she proposes to take between 5 and 10 overnight.
Mr. Clark asked if she presently runs a day care. Ms. Tyler indicated that she does
(Canine Camp) and it is located in Newburgh and she has been doing this for five years.
Mr. Rosenblatt asked if the remaining concerns noted by Staff in the Staff
Memorandum had been taken care of. Mr. Gould noted that the only element was the issue
of the culvert. All of the buffers and lighting information has been submitted.
Chairman Guerette asked if there were comments from proponents. As no one spoke
either in favor of or in opposition to the request, Chairman Guerette closed the Public
Hearing and asked the Planning Officer for his report. Planning Officer Gould indicated that
this application is for conditional use and site development plan approvals for a kennel use.
When this concept came to the Code Enforcement office they did not see any length of stay
relative to kennel versus day care so they determined that this would need conditional use
review as a kennel. The parcel is located on Kittredge Road on a lot that the Board recently
approved a subdivision plan for. Uniquely, there are no immediate abutters. In fact, the
nearest house is up to 1,000 feet away. This is a mixed use with the kennel operation
downstairs and a residential use upstairs. The Rural Residence and Agricultural District (RR
& A) has two specific standards relative to kennels, that they be 100 feet from any residential
district which this is, and 150 feet away from the nearest residential building which is, again,
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100’s of feet away. There are no immediate neighbors and likely the only amount of traffic
on that part of Kittredge Road would be people visiting the City Forest which is at the end of
the road.
Mr. Gould indicated that this proposal also needs to meet the standard conditional use
standards relative to basic requirements of the zone, appropriate utilities for the use; and
architectural character that is consistent with buildings within 500 feet (there isn’t anything
within 500 feet). It also provides for a well and septic system which is what would be
expected for this rural location. Staff worked with the applicant on all of the details about
parking lot buffers and parking setbacks and lighting to make sure that it meets the current
standards. The one thing that the Engineering Department noted was that the driveway
culvert was less that 15 inches and the City’s minimum standard is 15 inches. Mr. Gould
indicated that if the Board is comfortable with all of the other details this could be made as a
condition of approval. Staff felt that this is a low impact operation in a place that really
doesn’t have any neighbors to disturb and would recommend that the Board grant
conditional Use and Site Development Plan approval with the condition as to the size of the
driveway culvert.
Mr. Clark asked that with the pending changes to Hogan Road and Kittredge Road if
they might affect this applicant. Mr. Gould explained that it’s the City’s intention to relocate
the very end of Kittredge Road where it intersects with Stillwater Avenue and Hogan Road
and he did not feel that it would have an impact upon this project.
Mr. Jim Ring, City Engineer, indicated that applicant also recently received a
preliminary review by the Marsh Mall Commission. The Commission asked a lot of questions
about this operation and in the end did recommend approval of it.
There being no further comments, Chairman Guerette asked for a motion. Mr.
Rosenblatt moved that the Board grant Conditional Use approval for the proposed
development at 392 Kittredge Road for Hallie Tyler, applicant. Ms. Mitchell seconded the
motion. The Board voted 5 to 0 in favor of the motion. Mr. Rosenblatt moved that the
Board grant Site Development Plan approval for the proposed development at 392 Kittredge
Road for Hallie Tyler, applicant on the condition that the driveway culvert be a minimum size
of 15 inches. Ms. Mitchell seconded the motion which also carried unanimously.
Item No. 3: To amend the Land Development Code by changing part of a
parcel of land located at 315 Harlow Street from Urban
Residence 2 District to Contract Multi-family and Service
District. Said part of a parcel containing approximately one-
third acre. Volunteers of America, applicant. C.O. # 07-155.
Chairman Guerette opened the Public Hearing and asked the applicant to make a
presentation. Mr. Jeff Aceto, Project Manager with Site Lines Consulting Engineers of
Brunswick, Maine represented Volunteers of America. Also present was Julia Wilcock of VOA.
Their proposal is to rezone a portion of the lot at 315 Harlow Street. Previously it was the
site of CE Noyes Tire Company.
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This applicant was before the Board in November of 2006 to rezone the front portion of the
parcel from Urban Service District to Multi-Family and Service District. They propose to
redevelop this site into 58 units of low-income elderly housing. They are proposing to
demolish the existing building and provide a new site that has access from both Harlow
Street and Curve Street. In developing their site layout they discovered that it extended over
into the URD-2 zoned area. They are not proposing to rezone a portion of the URD-2 zoned
lot to Multi-family and Service District and restrict it for use as parking only. The remaining
URD-2 area would remain URD-2 and would preclude the use for multi family back in that
area.
Chairman Guerette asked for comments from proponents. As there were none, he
asked for comments from opponents. Ms. Nancy Garland, 74 Market Street, had a concern
about the aesthetic value of her property and how much will be turned into a parking lot as
opposed to keeping the aesthetics of having a pretty field out there. Also, she questioned
exactly where the City-owned parcel of land was in relationship to the location of her
outbuilding. She also asked how close the parcel under consideration was to the back of her
house.
Mr. Jeff Aceto explained that there is a portion of land 75’ to 100’ wide on their parcel
that will not be zoned for the use that they are proposing and they would not be able to put
parking or a building in that area. Chairman Guerette explained that her home looks to be
quite some distance away.
There being no further comments, Chairman Guerette closed the Public Hearing and
asked for Staff comments. Planning Officer Gould indicated that the theory held when this
property was originally zoned is exactly the issue being discussed. Staff wanted to make
sure that the project would not be constructed up into the single-family neighborhood but
constructed closest to the Harlow Street side of the property in order to maintain the
integrity of the Curve Street and Market Street neighborhood. The application in the front of
the Board is for a contract rezoning from Urban Residence 2 District (URD -2) to Multi-family
and Service District (M & SD) with the sole contract condition being that the area proposed to
be changed can only be used for surface parking. Mr. Gould explained that whatever parking
lot that gets built there will largely be obscured by the buffer standards. Any lighting under
the Code will be in keeping with the residential character of the property. Staff finds that the
Multi-family & Service District contract for the parking to support the project makes sense.
Staff recommended that the Board make a positive recommendation to the City Council.
Mr. Rosenblatt asked the history of the rezoning on this parcel. Planning Officer Gould
explained that originally the lower portion of the parcel was zoned USD and the upper
portion was URD-2. The applicant initially, through some less than stellar communication
with Staff applied to change the whole property to M & SD. Staff said that they felt that the
project has a lot of merit and we would love to see that old building get torn down (former
C.E. Noyes Tire) and go away but did not want to end up with the potential that a multi-
story, multi-family, building be built up adjacent to the lower density residential end of the
neighborhood. The intent to build it down on Harlow Street in what was a commercial area
made sense. They were agreeable to only rezoning the USD portion with the idea that if
some of the upper level was needed to support that project then the City would look at
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whatever contract conditions would facilitate that. Given the building and the topography
there is a need for some additional parking on the upper part of the lot. The remainder of
the lot will act as an open space buffer.
Ms. Brown moved that the Board recommend to the City Council that the contract
zone change at 315 Harlow Street, for Volunteers of America as contained in C.O. # 07-155
be approved. Ms. Mitchell seconded the motion. The Board voted five in favor and none
opposed.
Item No. 4: Amending the Land Development Code - Chapter 165, Section
165-99C – Permitted Uses in the Low Density Residential
District, Section 165-103 – Conditional Uses in the Industry and
Service District, and Schedule B – Developing Area Development
Standards. City of Bangor, applicant. C.O. # 07-156.
Chairman Guerette opened the public hearing and asked for a presentation. Planning
Officer Gould indicated that some of these amendments have been long awaited corrections
and oversights between the Districts and the schedule. It also includes an A buffer for
attached residential in a Low Density Residential District (LDR) as well as a provision for
small accessory structures in the LDR with a lesser setback. There was work done in the
Industrial districts where the B buffer yard was eliminated from permitted uses. In the
Shopping and Personal Service District amendments were made to the required buffer yard
to make it consistent with the new buffer standards. Some uses that previously were
grouped together like a drive-thru bank or a drive-thru pharmacy was grouped with the same
buffer category as a gasoline station and these were split out so that they would have
different standards and the automobile service use would have a higher buffer standard than
would just a drive-thru bank. The issue of security personnel as a conditional use in the
Industrial district will be deleted and this is an item back from the 50’s that is probably not
needed any more. Staff put in a clarification under the cluster standard to make sure that
small lots in cluster developments could have on-site waste disposal systems in areas where
it would be physically impossible to provide public services.
Mr. Gould indicated that standards were also added in residential districts to provide
for setbacks for churches.
Ms. Brown had concerns about the amendment to the cluster standards. Mr. Gould
explained that the way it has been set up is that we don’t require you to do smaller lots what
we do require you do is set aside more open space. We’re going to get x amount of open
space and the lot size can be whatever size you think the market will bear. Relative to this
amendment, there are places where physically sewer service cannot be provided but it could
be done with on-site waste disposal. Staff did not see why this should be prohibited.
Chairman Guerette closed Public Hearing as no one spoke in favor of or in opposition
to the zoning amendment. He commended Mr. Gould for a good job of organizing the
amendment and indicated that he was in favor of it. Chairman Guerette asked if there were
any other comments from the Board. There being none, Chairman Guerette moved to
recommend to the City Council approval of the zoning amendment to the Land Development
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Code amending Chapter 165, Sections 99C, 103 and Schedule B, City of Bangor, applicant as
contained in C.O. # 07-156. That motion was seconded by Mr. Clark. The motion passed
unanimously.
NEW BUSINESS
Item No. 5: Site Development Plan approval to fill and grade property
located at 1549 Broadway in a Shopping and Personal Service
District. Grant Realty Corporation, applicant.
Because the applicant was not present, Chairman Guerette indicated that it would not
be appropriate to entertain a Site Development Plan. Mr. Rosenblatt moved to continue
consideration of this item until the Board’s next meeting. Ms. Mitchell seconded the motion,
which passed by a vote of 5 to 0.
APPROVAL OF MINUTES
Item No. 6: Planning Board Approval of Minutes.
Chairman Guerette indicated that the Minutes of the February 6, 2007 were in order.
Mr. Rosenblatt moved to approve the Minutes of the February 6, 2007 Meeting. Mr. Clark
seconded the motion. The motion passed unanimously.
Other Business
Mr. Gould discussed a draft amendment regarding lighting standards to deal with
decorative lighting or architectural lighting. He did some research to come up with a
potential standard that could be used. The Board discussed the language of the proposed
amendment. Mr. Rosenblatt pointed out that there may be situations with unique buildings
such as the Opera House on Main Street that has upward lighting where a little bit more
leeway should be considered.
Mr. Clark felt that the City is too dark and the street lights were too dim. He said that
he had no problem with regulations as long as it doesn’t make the City darker than it already
is.
Chairman Guerette felt that what exists is a very basic lighting standard and was
pleased that Mr. Gould met with developers to try and to standardize what it is that the City
allows for lighting. Chairman Guerette indicated that he was in favor of the proposed
changes but wished that the architectural section provided a little bit more leeway. He
agreed with the point made by Member Rosenblatt that there may be situations with large
buildings or buildings with unique contours where sideways or upwards pointed architectural
lumination might be tastefully done. Mr. Gould asked the Board to review this amendment
and forward any comments.
In other business, Mr. Gould noted that Staff had been working on developing
guidelines for open space. He distributed copies for discussion at a later time. Mr. Gould
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noted that arrangements have been made to obtain the services of Victor Smith, a former
MDOT Traffic Engineer to come and spend an evening with the Board to talk about the
MDOT Traffic Permitting Process, the standards, the ins and outs of traffic permitting,
whether or not it makes sense to have a local standard or not and how best the Board can
coordinate its work with MDOT work. Mr. Gould indicated that he would be available on
ndth.
either May 22 or May 29 It was the consensus of the Board to hold that workshop on May
nd
22.
Mr. Ring gave the Board an update on the status of the Hogan Road Extension noting
that there was considerable discussion and negotiations done in the process of making this
work. There were funding challenges and scheduling challenges but they have all been
overcome and the MDOT traffic permit has been granted. Improvements as part of that
Traffic Permit include adding a fifth lane on Stillwater Avenue, signalization improvements,
and extra turning lanes at certain locations to get that turning traffic out of the thru
movement lanes to preserve capacity. Mr. Ring indicated that there will be a definite
improvement out there.
There being no further items for discussion, the meeting was adjourned at 8:20 p.m.