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HomeMy WebLinkAbout2006-03-07 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 7, 2006 MINUTES Board Members Present: Robert Guerette, Chairman Hal Wheeler Nathaniel Rosenblatt David Clark Alice Brown Laura Mitchell City Staff Present: David Gould James Ring Peter Witham News Media Present: Bangor Daily News? Chairman Guerette called the meeting to order at 7:00 p.m. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing part of a parcel of land adjacent to 631 Hammond Street from Urban Residence-One District to Contract Neighborhood Service District. Said part of parcel containing approximately 3,300 sq. ft. Mark Bolduc d/b/a The Fitch Company, applicant. C.O. # 06-089. Chairman Guerette opened the Public Hearing and asked for comments from the applicant. Mr. Ron St. Pierre, Financial Officer of the Fitch Company, explained that the applicant is requesting a contract zone change for part of a parcel of land located adjacent to 631 Hammond Street (33’ wide by 100’ long). This would allow for a 2,000 square foot office. The building was originally a gas station and most recently converted to an office building and used by an investment firm. The applicant still wants to continue the office use but wishes to increase the square footage approximately 28’ x 28’ to accommodate their office use. 2 Mr. Wheeler asked what the applicant’s company does. Mr. St. Pierre explained that they are engineers who write software to retrofit paper mills or any other manufacturing plants. Most of the work is programming computers and rewiring paper mills, breweries, and factories. They do not build any cabinets in Bangor but in their Mexico, Maine office there is a bay where they can build 8’ x 10’ cabinets which house the computerized materials. Then they ship them out of state, bring them into the mills and plug them in on site. Mr. Dan Tremble, who lives at 20 Montgomery Street, runs a convenience store at 662 Hammond Street, and is the owner of 631 Hammond Street. Mr. Tremble indicated that there a number of mixed uses in this area of Hammond Street. This was originally a service station and was renovated approximately 20 years ago for a video store. He purchased the property 5 to 6 years ago, did some renovations to the building to make it an office building, and leased it to a financial services company. Because of the size of the building it has been hard to keep occupied. The Fitch Company has been interested in it but they need a little more space. The next property after the impound lot is a residential house. Mr. Tremble indicated that he talked with the owner of this property and she had indicated that she was not in opposition. He felt that this use would improve the area as there will be some shrubbery to buffer this use. He indicated that he was in favor of the zone change as a neighbor, as well. Mr. Garfield Foss, owner of Union Street towing, indicated that he is the owner of the property under consideration for the zone change that the Fitch Company is proposing to buy. He also noted that he had renovated the building directly behind the one at 631 Hammond Street. At first, he was not in favor of this but now feels that it will help improve this neighborhood. No one spoke in opposition. Chairman Guerette closed the Public Hearing and asked for comments from Staff. Planning Officer Gould indicated that this is an application from Mark Bolduc d/b/a The Fitch Company requesting a zone change from Urban Residence-One District to Contract Neighborhood Service District for approximately 3,300 square feet. The property is immediately adjacent to 631 Hammond Street which is presently a Neighborhood Service District. Their intent is to relocate the engineering company’s office to the existing building and add a small addition. In developing the contract zone change conditions they were able to limit the total amount of floor area that would go into the newly rezoned portion to limit the impervious surface to 50% which means a small amount of parking and maneuvering space may be able to occur on that lot. Presently, the existing building is a nonconforming site and through the contract they propose to provide a C Buffer up against the residential zone. Thus, they will gain compliance through this provision than if the City does not adopt the rezoning. Mr. Gould indicated that the current Land Use Plan does not show any commercial on this strip of Hammond Street and proposes it for low-density residential 3 use. There has been commercial activity there for decades. The Zoning Policy Map does represent the area as a Neighborhood Service District. The Board needs to determine if it is appropriate to extend the Neighborhood Service District 30 feet to gain the development of the buffer yard in the neighborhood, and if it will adversely affect the neighborhood or enhance it and provide more protection. Staff feels that this is a positive step and recommended that the Planning Board make a positive recommendation to the City Council. Mr. Rosenblatt asked if the zone change is approved and the building is expanded, what the lot coverage would be as the zone requires a maximum of 25%. Mr. St. Pierre indicated that it would be approximately 20%. Mr. Rosenblatt indicated that if this had not been a contract zone change he would have more concern about it. He said that he felt that the contract conditions are sensible and make this a proposal that is worthy of support. Chairman Guerette asked how this zone change was communicated to the neighbors in this area. Mr. Gould indicated that Staff mails notice to all abutters within 100 feet of the rezoning, they publish a legal notice in the Bangor Daily News that runs twice, post notice on the City’s Website, and a public hearing sign is posted on the property. Mr. Gould noted that Staff had received calls asking what the proposal was from other people in the neighborhood who saw the sign. They were not in opposition to the request. Chairman Guerette asked Associate Member Mitchell to vote on this item. Mr. Wheeler moved that the Board recommend approval to the City Council of the contract zone change request adjacent to 631 Hammond Street for a 3,300 square foot parcel for Mark Bolduc d/b/a The Fitch Company, applicant, pursuant to C.O. # 06-089. Mr. Rosenblatt seconded the motion. The Board voted five in favor and none opposed to the motion recommending approval of C.O. # 06-089. APPROVAL OF MINUTES Item No. 2: Planning Board Approval of Minutes. Chairman Guerette indicated that the Minutes of the January 17, 2006 Meeting were in order for approval. Mr. Rosenblatt moved to approve the Minutes of the January 17, 2006 Meeting. Mr. Wheeler seconded the motion. The motion passed unanimously. Other Business Planning Officer Gould discussed the updated Ordinance Amendments that were done as a result of the Mall Marsh Report. In these updates, Staff tried to capture the concerns raised by the Board relative to some density issues, the status of cluster 4 development, putting attached residential into the mix, and making sure that the language that talked about the structure setback in the impervious area read the same. Mr. Gould indicated that the same updated amendments went to the Mall Marsh Commission at their meeting last Friday. There was still some concern or interaction about the language that was included in the Statement of Purpose. Some Members of the Commission did not want to readily accept the simple amendment he had prepared to strike the language about water quality. Mr. Gould indicated that the Statement of Purpose is of limited value in terms of the nuts and bolts of what the language does. However, it would be nice if the two sides could come to an agreement on the language. Mr. Gould distributed copies of the redrafted amendments noting that the only major change was to the Statement of Purpose. Mr. Rosenblatt indicated that he felt that Mr. Gould captured the items that the Board talked about. Mr. Gould indicated that cluster subdivision language was moved from a conditional use to a permitted use. This would eliminate the need for homeowners to come back to the Planning Board for conditional use approval every time an accessory structure or garage is added in the cluster development. Ms. Brown asked what the difference is between “preserve” and “maintain” in the Statement of Purpose. Mr. Gould indicated that he was not sure that there is a significant difference. What they were trying to do is to make water quality a secondary issue to wildlife habitat. The concern was raised at the meeting as to whether water quality was a big factor in terms of the Mall Marsh protection standards. Lucy Quimby, representing the Mall Marsh Commission, indicated that they would like to see something workable go through rather than have it get hung up at a particular point. What is still in there about habitat is the reason for the overlay zone. Mr. Rosenblatt noted that in the authority and purpose of the Land Development Code (A through K) there are a number of phrases that are applicable to the specifics of the Marsh Area. If there is a concern about inventing a new concept, then perhaps the thing to do is to take some of the existing language and apply it to the specifics of this section. The existing language already deals with preventing and controlling water pollution, protecting fish spawning grounds, aquatic life, bird and other wildlife habitat, etc. He felt that some of these could very easily be adapted to the specifics of the Marsh. Planning Officer Gould referred to information from the 2006 Council Retreat regarding the same issues that the Board has been working on in the Comprehensive Plan Update. It appears that everyone is on the same page. He said that it will be interesting to see if the City will match those desires and intents with the City’s resources to make them happen. 5 Planning Officer Gould then noted that at the last workshop meeting, the Board decided to have the public presentation next Tuesday. He noted that this has been advertised, got some good coverage in the newspaper, is on the Public Access Channel and on the City’s website. Also, the complete Update document is posted on the Planning Division’s web page so citizens can either come into the Planning Division Office or download and read it at their leisure. He noted that there have been a number of citizens who have come into the Planning Division Office to take a look at what is happening in their neighborhood. The Board discussed issuing a press release and notifying the television stations of the upcoming Comprehensive Plan Update Presentation. Mr. Wheeler said that he felt that Mr. Rosenblatt’s suggestion that the Board incorporate the language of Item H under Section 165-1 covers and seems to match up very well with the underscored portion of Item A in the Planning Officer’s latest edition of language to try to bring these two sides of the question together. He indicated that they should go back and revisit it one more time and incorporate the essence of Item H under Section 165-1 and present that to the Commission. Mr. Rosenblatt asked if the Board was expected to make their own statements at the meeting next week. Chairman Guerette thought it would be useful as they have all participated in this process so intensely that if each Member of the Board were to give a recap of how they perceive the process to have worked, it would give a flavor from each individual that has participated as to what it took place and what the Board Members think it means. Chairman Guerette indicated that the bulk of the presentation will be done by Planning Officer Gould and asked that the Board Members keep their remarks to 8 to 10 minutes each. There being no further items for discussion, the meeting was adjourned.