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HomeMy WebLinkAbout2006-03-21 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 21, 2005 MINUTES Board Members Present: Robert Guerette, Chairman Harold Wheeler David Clark Nathaniel Rosenblatt Miles Theeman Alice Brown Jeff Barnes Laura Mitchell City Staff Present: David Gould James Ring Peter Witham Chairman Guerette opened the meeting at 7:00 p.m. PUBLIC HEARINGS Item No. 1: Conditional Use/Site Development Plan approval to add 285 square feet of office space at 71 Broadway in a Multi-Family and Service District. Law Offices of Dean A. Beaupain, applicant. Chairman Guerette opened the Public Hearing and asked for a presentation by the applicant. Mr. Dean Beaupain, Esq., explained that he was before the Board a year ago with a similar application to covert the first floor dwelling unit into office space in order to locate his law office into this building. Since that time and while using the building, he has discovered that the existing restroom facilities are too small and there are several steps one has to climb in order to enter his office. He indicated that he is now before the Board with a proposal to add 285 square feet of professional office space within an existing porch. This would allow him to provide for an accessible restroom with the 2 remaining area to be used for his office. Mr. Beaupain also proposes to add a ramp for wheelchair access to the building from the parking area. Ms. Brown noted that the Staff Memo referred to an off-site parking lease that will go with this property and asked the applicant how he would insure that the lease will continue. Mr. Beaupain explained that he has a lease that has an option to extend it. He also indicated that he has a large lawn and could provide the on-site parking but would prefer to leave the lawn as is to preserve the aesthetics of the building. No one spoke either in favor of or in opposition to the request. Chairman Guerette closed the Public Hearing and asked for comments from Staff. Planning Officer Gould noted that this application is a revision (to one approved by the Planning Board last year) to add 285 sq. ft. of professional office use. The additional space requires additional parking and the applicant has provided an off-site lease agreement for that parking. Mr. Gould pointed out that the parking needs to run with the use and should the lease expire, the use would then become nonconforming until such time as the applicant came back before the Board to build a parking lot on the lawn. The Land Development Code asks for a five-year window but as long as the use is in place, the off-site parking needs to be place. Mr. Gould indicated that the applicant submitted elevation drawings of the building in support of the application and Staff felt that the applicant meets the conditional use standards as the use is compatible with other buildings in the existing neighborhood, and traffic impacts from this amount of office space is minimal or negligible relative to this area of Broadway. Mr. Gould indicated that Staff feels that the application does meet the conditional use criteria and the site development plan approval standards. Mr. Gould suggested that the Board attach a condition of approval that the off-site parking lease needs to run with the use so that there is no misunderstanding. Mr. Clark asked where the applicant proposes to build the handicap ramp. Mr. Beaupain explained that access to this building is actually from Pine Street and the access would run from the Pine Street Entrance to an existing paved walkway to a ramp connected to the porch. Chairman Guerette asked if the applicant proposed to designate a handicap space in the parking area closest to the building. Mr. Beaupain indicated that he did not presently have one designated but could do that. Mr. Theeman asked that if in the event that the lease expired if this would be a code enforcement issue. Mr. Gould indicated that it would. 3 There being no further questions, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve the conditional use request at 71 Broadway for the Law Offices of Dean A. Beaupain with the condition that the off-site parking lease is maintained and in effect for the duration of the office use. Mr. Clark seconded the motion, which carried by a vote of 5 to 0. Mr. Rosenblatt then moved to approve the Site Development Plan with the condition that the off-site parking lease is maintained and in effect for the duration of the office use. Mr. Clark seconded the motion, which also carried by a vote of 5 to 0. APPROVAL OF MINUTES Item No. 2: Planning Board Approval of Minutes. This item was continued to the Board’s next meeting. OTHER BUSINESS Chairman Guerette asked Mr. Gould to discuss with the Board the proposed language for the Mall-Marsh Overlay Zone. Planning Officer Gould explained that at a prior meeting, the Board raised some valid questions as to the structure and nature of this amendment. Staff went back and tried to address the details that were raised by the Planning Board relative to the cluster and density standards. These details were forwarded to the Mall Marsh Commission who indicated that they were happy with those details. However, there is still one lingering detail that has not been finalized and that is the language of the Statement of Purpose. Mr. Gould discussed several versions of the language including: (A) the version as it was originally drafted, (B) proposed language by Mr. Rosenblatt suggesting that the Board look at taking some of the language in the front of the Land Development Code which is broad in terms of what it covers, (C) a suggestion offered by the Chairman, and (D) one that he had drafted. Board Members reviewed all of the options and the suggestion was made that the last version (Version D), with some grammar changes, would be something that they could agree on. Version D includes the following language “D. Statement of Purpose. The Penjajawoc Marsh Overlay Zone is Intended to balance natural resource protections with the rights of property owners to maintain the historic use and development potential of their properties. Through the use of cluster development standards expanded open space and buffer zones can be provided adjacent to the Penjajawoc Marsh and its adjacent wildlife habitat. The Overlay Zone recognizes the Marsh as a significant wildlife area. “ 4 Mr. Wheeler made a motion that the Board express its approval of Version D of the Statement of Purpose, with a comma. The motion was seconded and unanimously approved by the Board. In other business, Planning Officer Gould distributed the record from the presentation on the Comprehensive Plan 2005 Update with all of the comments made by those in attendance. He noted that the deadline for receiving additional th written comments is on the 24. He indicated that staff would provide a listing of those comments and give the Board some options as to how to deal with them. th Chairman Guerette indicated that the Board’s meeting on the 28 will be to go over the input from the written comments and the comments from the meeting. After that meeting, the Board will be able to announce the Public Hearing which requires a 30-day notice. Mr. Gould noted that the meeting on th the 28 will need to begin at 7:00 p.m. due to the potential length of a meeting scheduled prior to the Board’s workshop. There being no further items for discussion, the meeting was adjourned at 7:25 p.m.