HomeMy WebLinkAbout2006-10-03 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF OCTOBER 3, 2006
MINUTES
Board Members Present: Robert Guerette, Chairman
Hal Wheeler
David Clark
Nat Rosenblatt
Miles Theeman
Laura Mitchell
Allie Brown
Jeff Barnes
City Staff Present: David Gould
Peter Witham
News Media Present: Bangor Daily News
Chairman Guerette called the meeting to order at 7:00 p.m., and deferred consideration
of the Minutes to the end of the meeting.
NEW BUSINESS
Item No. 2: Site Development Plan approval to construct a 784 sq. ft.
addition to the existing building (for a total of 1,988 sq. ft.)
located at 631 Hammond Street in a Neighborhood Service
District and a Contract Neighborhood Service District. KENC LLC,
applicant.
Chairman Guerette asked the applicant to make a brief presentation. Ms. Sally Hartford
representing Mark Bolduc the owner of KENC, LLC, explained that the applicant is proposing to
add 365 sq. ft. to the end of the existing building at 631 Hammond Street for office space use.
They do not propose any changes to the existing parking areas.
Mr. Rosenblatt asked the applicant to discuss maintaining the buffer. Ms. Hartford
indicated that she had a statement signed by Mr. Foss, the owner of the abutting property and
the existing fence, indicating that for any reason he chooses to remove that fence that he will
give the applicant adequate notice and allow them to purchase the fence and relocate it to
their property. This will allow the applicant to maintain that buffer at all times.
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Ms. Brown asked if the applicant could address lighting. Ms. Hartford indicated that
they are proposing two 175 watt lights on the exterior front of the building to light the parking
area and they would be on a timer to come on in the evening and stay on all evening. They
also propose two small decorative lights on the outside of the door that will come on as
needed in the evening to light the walkway. Ms. Hartford noted that they are designed with
an encasement around the front to direct the light directly down into the parking lot to avoid
light shining out onto neighboring properties.
Chairman Guerette asked for Staff comments. Planning Officer Gould indicated that the
application is for KENC, LLC who is seeking approval for an expansion of an existing building
for office use on Hammond Street. Earlier this year the applicant requested a contract
rezoning of a small piece of the abutting property to Contract Neighborhood Service District
which specified the size the building expansion, the amount of impervious area that could
added, and a buffer or transition yard between the commercial district and the adjoining
residential district (a nonconforming auto impound yard). The proposal before the Board is
really a small addition to the existing building, which formerly was a gasoline service station,
that has been renovated into office space.
Mr. Gould indicated that Staff pointed out in the Memorandum that they would like to
see the applicant take a look at the existing parking at some point in the future to see if there
could be some landscaping or buffering added between Hammond Street and this lot.
Because this is an existing situation Staff did not feel that they were in a position where there
was a lot of leverage to require them to do it. The other issue that Staff pointed out was that
of the fence. Mr. Gould explained that the applicant needs this fence in order to meet their
specific buffer yard requirement. Staff made it clear to the applicant that if they don’t own the
fence and if the fence goes away they will be in violation. Mr. Gould noted that all of the
other details are in order and Staff felt that with the new buffer on the side yard, it is definitely
an improvement between the commercial and residential boundary. The office use is a good
use relative to this location on Hammond Street as it not a high traffic operation. Staff felt it is
a positive direction for this part of Hammond Street, and recommended that the Board grant
the applicant Site Development Plan approval.
Mr. Theeman asked if the applicant had given any consideration to the buffer request
that the City has made. Ms. Hartford indicated that they have but they don’t have any
concrete plans because they are trying to get the building done in order to relocate their
business there. At this point they have 7 employees and there won’t be a lot of car traffic.
Ms. Hartford indicated that the applicant would like to see a buffer there as it would add to the
aesthetics of this corner lot.
Chairman Guerette asked for a motion. Mr. Rosenblatt moved to grant Site
Development Plan approval for the proposed addition to the existing building located at 631
Hammond Street KENC, LLC, applicant. Mr. Theeman seconded the motion. The motion
carried unanimously.
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Item No. 3: Site Development Plan approval to construct a 2,839 sq. ft.
crematorium and related site improvements located at 1379
Hammond Street in a Government and Institutional and Urban
Industry Districts, Pine Grove Crematorium, applicant.
Michael Clisham, Esq., and Andrew Hamilton, Esq. of Eaton Peabody; Dave Merritt the
Project Architect; and Jim Fernald and Gary Smith of Brookings Smith Funeral Home and Pine
Gove Crematorium were present at the meeting seeking site development plan approval for
the construction of a crematorium on a 1.7 acre property located on Hammond Street adjacent
to the Pine Grove Cemetery. The proposed 2,832 sq. ft. building will serve as a reception area
and crematorium. It will be accessed off of Hammond Street that will flow into the proposed
parking area. They also propose an off-premise sign. Mr. Clisham indicated that the
applicant is proposing a total of 16 parking spaces 6 spaces for the assembly use and the
remaining spaces for use by the employees. They propose to light the parking area with four
lights one at each corner of the lot that will shine down with no outward glare but with
sufficient lighting to provide for the safety of the guests coming to the facility. Mr. Clisham
also indicated that there is an existing stand of small trees and vegetation along the border
between this lot and Pine Grove Cemetery along with an existing fence that will be maintained.
There is a hedge along the access road that will be maintained pursuant to an easement from
the owner. In the event that the hedge should deteriorate the easement requires that it be
revegetated. On-site planting is proposed along the parking area and the propane tanks as
well.
Mr. Clisham discussed stormwater management indicating that the applicant proposes
to manage this by filtration beds consisting of plantings and sub soils that will filter the water.
Mr. Clisham indicated that because this lot is located within the Shaw Brook watershed it
requires more stringent treatment. They have submitted a stormwater plan to the DEP.
Mr. Rosenblatt asked Mr. Clisham to discuss the proposed emissions from the
crematorium. Mr. Clisham explained that the applicant has received an Air Emissions License
from the Maine Department of Environmental Protection to operate a crematorium. The
emissions will be vented to two separate 30 foot stacks that will appear as one stack. The
crematorium is a two chamber mechanism with the second chamber heated at a substantially
higher temperature to ensure complete combustion and incineration of any materials so that
there are no particulate emissions from this facility. In addition, there are certain safety
controls and monitors that should emissions exceed the threshold set by the State the system
will shut down and not allow it to exceed that limit. Mercury emissions are proposed at levels
well below the State Standards.
Mr. Rosenblatt asked if they planned to dispose of any other materials on site resulting
from this process and asked what the practice is for those remains that are not claimed. Mr.
Jim Fernald indicated that funeral homes are the holders of the unclaimed remains. They
have no plans for a scattering garden at this facility and any unclaimed remains would go back
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to the funeral home. He noted that there is a statutory requirement that if remains are
unclaimed after three years, the funeral home can bury them.
Chairman Guerette asked how much traffic a service at the facility would generate, how
many people or family members might attend a typical cremation, and what would this mean
for the homes that in the surrounding area. Mr. Clisham indicated that it is difficult to predict
the level of attendance at cremation services. Now, they are arranged by funeral homes but
the actual cremation occurs at a cremation facility. In consultation with the Code
Enforcement Office parking was determined based on it being a place of assembly and for the
needs of employees. Services will vary based on the desires of the families while some will
treat this like an interment, others may prefer to have a service at the crematorium with a
reception elsewhere. However based on their experience, 16 parking spaces is adequate.
Mr. Wheeler asked Mr. Fernald if a cremation occurs within a very short time after the
death of the deceased and if it is normal for the family to attend the actual cremation. Mr.
Fernald indicated that by Statute cremations cannot take place until 48 hours after the time of
passing. They have had requests from families to be present at the time the body is placed
into the crematorium. Part of the design of this facility is to have a viewing room for families
to view their loved ones prior to the cremation.
Chairman Guerette asked for comments from Staff. Planning Officer Gould indicated
that this property was previously zoned Urban Industry District (which is a very lightly
regulated, high intensity industrial area) and was changed to Government and Institutional
Service District such that this property could become part of the Pine Grove Cemetery through
an agreement with the City. This is in effect an expansion of the cemetery and State law
provides that a crematorium be located in such a location. The applicant has created a
nonprofit entity to run this facility and is trying to provide a unique and different service that is
not currently available.
Mr. Gould indicated that this lot is in a remote location within the City surrounded by
industrial district zoning and a cemetery. There are a few remaining single-family residences
along Hammond Street but like Odlin Road, it is an area that is intended for industry and
commercial uses, with fewer and fewer single-family residential developments. One of the
drawbacks to this location is that it is not served by public sewer and water so this facility will
need to have a well and a septic system. The applicant has provided back up relative to that
on-site system to deal with the flow volumes that they anticipate from this use and Staff does
not see a concern with that. Parking was based on the Land Development Code requirements
for assembly space for that part of the facility which would be a gathering location. Mr. Gould
indicated that he did not know of an industry that deals with parking better than funeral
directors. He said that they do a good job of managing, directing and maintaining traffic and
parking.
Mr. Gould noted that this parcel is located within one of the City’s impaired watersheds
which means that the applicant needs to get special permits from the DEP under the
Stormwater Management Law. They are proposing to use an underdrained filter system to
deal with water quality. The water coming out of this once industrial area is likely going to be
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much cleaner. Mr. Gould indicated that the plans meet all submittal requirements and Staff
recommended that the Board grant Site Development Plan approval.
As there was no further discussion, Chairman Guerette asked for a motion. Mr.
Rosenblatt moved to grant Site Development Plan approval for the proposed crematorium
located at 1379 Hammond Street for Pine Grove Crematorium, applicant. Mr. Wheeler
seconded the motion, which passed unanimously.
Item No. 4: Site Development Plan approval to reuse the existing building at
215 Union Street and add 8 additional dwelling units in a
Contract Multi-family and Service District, John T. Karnes
applicant.
Chairman Guerette asked the applicant or his designee to make a presentation. Mr.
Fred Marshall of Plymouth Engineering, represented the applicant who was also present at the
meeting. Mr. Marshall indicated that this parcel has been through many iterations and
proposals. Over the years, the City has purchased and demolished, through Community
Development Block Grant Funds, several buildings in the Union Place area. There is one
remaining building on this parcel which contains four dwelling units. The applicant’s proposal
is in response to the City’s desire to see this section of the City redeveloped into housing. The
Contract Zoning Agreement for this parcel limits the number of units that can be built there.
The applicant is proposing to add two units to the existing four-unit building and to construct a
new building containing six units for a total of 12 dwelling units. The applicant proposes 24
parking spaces and Union Place will be redone as a private way.
Chairman Guerette asked if this was a land lease from the City or if the applicant
proposes to purchase it, and if there were drawings of what the buildings will look like. Mr.
Marshall indicated that Mr. Karnes would be purchasing the land. Mr. Marshall handed out
copies of the building drawings and indicated that they were reviewed and accepted last week
by the Business and Economic Development Committee.
Mr. Rosenblatt asked what the applicant proposed for open space. Mr. Marshall
indicated that the open space is calculated by taking the area of the setback out of the lot
minus the impervious area, minus the building footprint and what is left is the open space.
The applicant has included planting beds in front of the buildings and the remaining open
space exceeds the minimum requirement. The area on the ends of the property will remain
undeveloped and turned into lawn and landscaping.
Mr. Clark indicated that back in the 1970’s while in college he lived in one of the
apartments in the existing building. At that time there was a sense of community along Union
Place and it was a convenient location being close to the downtown. He said that he felt that
this area has the possibility of being that kind of a neighborhood again and asked if that is
what they intend to do here. Mr. Marshall indicated that it is the City’s intention and the
intention of the applicant to promote that. By creating attached housing you create a
community because it is compact.
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Ms. Mitchell asked if the exterior of the existing building would be renovated to match
the proposed building and be in keeping with the development. Mr. Karnes indicated that it is
his intention to make the development appear as one development.
Chairman Guerette noted that while this is not a public hearing, he would entertain
comments from interested parties. Mr. David Lawler, an abutting property owner, indicated
that he started his business at this location 30 years ago and the neighborhood was in very
poor condition at that time. As time progressed, conditions worsened to the point that some
of the buildings were condemned or barely habitable. As his business became profitable he
began buying the surrounding property, cleaned it up and improved the neighborhood. Mr.
Lawler said that he spent several hundred thousand dollars salvaging the historical Atrium
House as well as the three story brick building beside it. He was also able to acquire and
restore the former New Franklin Laundry building across the street. These “beautifully
restored” buildings are now offices for doctors, lawyers, accountants and counselors. It was
during this period of time that the City began formulating its own plan to improve this
neighborhood and it purchased the properties on the other side of his. Many of the buildings
were condemned and demolished with the exception of the four-unit Newman property that
was in need of extensive rehabilitation.
Mr. Lawler indicated that when the City came forward with an RFP for the property he
came forward as it was his desire to continue his work on improving the neighborhood.
However, there was a question about the purchase price and they did not come to an
agreeable solution and he backed out as tentative developer.
Mr. Lawler indicated that he is in opposition to the current proposal. He asked the
Board to consider the following questions: 1) Who would like to have a twelve unit apartment
complex with 20 parking spaces abutting their business or residence, and 2) Why would one
consider putting 12 housing units on .8 of an acre of land on one of the busiest intersections
in Bangor. Mr. Lawler said that the proposed development will have a greater traffic impact
than what he had proposed, there are issues with snow removal and access for emergency
vehicles.
Chairman Guerette then asked for the Planning Officer’s report. Mr. Gould indicated
that the application in front of the Board is to construct a six unit apartment building and add
two more units to an existing four-unit building at 251 Union Street. This parcel is zoned as
contract Multi-Family and Service District. Mr. Gould gave a brief history of the area noting
that the City had solicited requests for proposals to redevelop the property and based on the
amount of frontage it came to the conclusion that only two structures could be built on this
property. The Contract Multi-Family and Service District gives then ability to do to a certain
density which is specifically controlled by the contract provisions which limit the density and
suggests that no building of greater than six units within a single building be allowed on the
property. This is why this proposal adds two units to an existing four-unit building to make it
a six-unit building and proposes another six-unit building on the property.
Mr. Gould indicated that the only issue that Staff had in the development of a site plan
was that of making the building envelope work. The City has a standard that says that even
though you may be allowed to build to a 10 or 20 foot setback, if you have a multi-story
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building you have to make sure that the pitch and the angle of the roof does not exceed the
building envelope standard. Adjustments had to be made on the front and the back of the
buildings in terms of the overall length to ensure that it would meet the standards. The
reason behind that is to make sure that there is adequate light and air space in between
buildings. The proposal has one access and it is in the general location where Union Place has
been. It will provide one parking lot that is down the middle of the development such that the
buildings on each side of it are going to buffer the parking lot. The applicant will have to
provide the required C Buffer where the parking lot abuts an adjoining residential property.
The stormwater from this parking lot will be collected through catch basins on the property
that are connected to the storm sewer system.
Planning Officer Gould indicated that Staff did not feel that this project would cause run
off or stormwater problems on adjacent properties. The addition of 12 units at this location
would not warrant a high level of traffic and would be less than that from a commercial
enterprise. All of the details on the plans submitted meet the lot coverage, setback standards,
open space requirements within the M & SD District (which is based on the number of
bedrooms within the unit) and the parking meets the setbacks and design standards. Staff
recommended that the Board grant approval.
Mr. Theeman asked what the buffer requirement was between the back of the property
and Mr. Lawler’s property. Mr. Gould indicated that there is no specific buffer requirement
between a residential apartment building and a commercial development.
Mr. Wheeler indicating that Union Place is a very narrow street asked if it was going to
be widened, would it provide for adequate area for access by emergency vehicles and for
adequate placement of snow. Mr. Gould indicated that Union Place is going to be done away
with and the applicant is proposing a 42-foot wide area of pavement, which is wider than most
streets within the City, and it will allow more area for emergency vehicles to enter onto the
property.
Mr. John Karnes, the applicant, indicated that the open space directly behind the
parking area is proposed for a play area. He said that they were planning to fence it in to
make it private for the residents. During the winter, snow will be deposited there and it will
make a good place for children to play. While not required on the property line between this
lot and Mr. Lawler’s, Mr. Karnes indicated that they are planning to install a six foot decorative
fence to give some separation to give the residents a sense of privacy.
Mr. Rosenblatt asked if Mr. Karnes had any thoughts on how to deal with the traffic at
this busy intersection. Mr. Karnes indicated that he felt that the tenants are going to realize
that they cannot make a left-hand turn out of the site and the existing traffic light should work
to their benefit in entering and exiting the site.
Mr. Theeman asked if the proposed fence would abut the Ross property. Mr. Karnes
indicated that there is a fence on a portion of that area already and they plan to talk to owners
of the Ross property to get permission to upgrade it as it needs some repairs. The fence will
travel along 85 to 90% of the entire property line.
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Ms. Brown wanted to go on record that she was uncomfortable with the direction that
this particular part of the meeting has gone. She said that this is not a public hearing and it
wasn’t advertised as a public hearing. While she appreciated Mr. Lawler’s concern, she was
uncomfortable that the Board was starting to run this like a Public Hearing and that other
people have not had a chance to attend and respond. She said that she felt that the
developer was being blind sided.
As there were no other questions, Chairman Guerette asked for a motion. Mr.
Rosenblatt moved to grant Site Development Plan approval for the proposed development at
251 Union Street John T. Karnes, applicant. Mr. Clark seconded the motion. The Board voted
five in favor and none opposed.
APPROVAL OF MINUTES
Item No. 1: Planning Board Approval of Minutes.
Chairman Guerette indicated that the Minutes of the September 5, 2006 Planning Board
Meeting were in order for approval. Mr. Theeman moved to approve the Minutes of the
September 5, 2006 Meeting. Mr. Rosenblatt seconded the motion which passed unanimously.
Other Business
Chairman Guerette indicated that the Board received copies of some draft language for
a Land Development Code Amendment to Section 165-59 dealing with tall structures. He
asked the Planning Officer to comment on this. Mr. Gould indicated that there was some
discussion at the Board’s last meeting regarding whether or not the Airport’s beacon fit
within the details of Section 165-60 and it was the Board’s suggestion that this language be
clarified. Mr. Gould noted that as he went through Section 165-59 and 165-60 he noticed in
the prior Land Development Code (adopted in the 1970’s) there was some language dealing
with the issue of accessory roof structures that was lost when it changed to the 1991 Code.
Mr. Gould discussed structures that would be located on the top of a roof (copulas, church
spires & belfries), towers (such as cellular, television, radio, etc.) and light poles, smoke
stacks, silos, navigational lights, beacons, windmills, electrical transmissions towers.
Mr. Gould discussed the recent amendment that was initiated when Penobscot County
was before the Board looking for a taller antenna on the County Courthouse. While at that
time the amendment that was proposed was for unlimited height there was discussion about
making this an absolute number and language has been included to add a standard of 150
feet in this amendment.
Mr. Theeman commented that Section 165-60 sets the 15 foot excess but does not set
a maximum. Mr. Gould said that that is correct and never has. Mr. Theeman also
commented that church spires are taller than 15 feet. Mr. Gould indicated that there is a
basic height limit in the district where they are located. For example, in a Government and
Institutional Service District church spires can be up to 80 feet. With the additional 15 feet
they could be as high as 95 feet.
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Mr. Gould discussed derricks and conveyors indicating that they would fit better under
industrial operations and did not need to be a roof structure. Mr. Rosenblatt asked if the
amendment would exclude anything and if there was consideration given to the overall height
limit? Mr. Gould indicated that he didn’t know of any but had considered a setback based on
the height of a structure. A question would be what would be the appropriate way to deal
with a 500 foot structure in the Rural Residence and Agricultural District.
Mr. Rosenblatt indicated that Section 165-60A is vague and he is not sure what real
criteria there is there and asked whether there might be some more meaningful standards
that might affect the concerns that one would have on adjacent properties. Mr. Gould
indicated that this could be fine tuned to take care of some of the problems. If the Board
wished, Staff could do more research as to how to treat taller than usual structures. Staff’s
initial idea with the proposed amendment was to try and clean this up and fix some of the
apparent problems that exist.
Chairman Guerette felt that even after amending the height standards the Board could
still have an application before them for a structure that is not named specifically that would
still be subject to the same interpretive role of the Code Enforcement Officer which lead the
Board to have this discussion in the first place. He indicated that he was looking for some
inclusive but not limited to kind of language that would help the Board out in those kinds of
situations. Mr. Gould indicated that the Board has the opportunity to either include
language to suggest “including but not limit to” which leaves it open ended, or suggest
language that says specifically it is “limited to” these things listed. In this case the Code
Enforcement Officer could not interpret it to be broader.
Mr. Theeman asked what the practical result of this and what the remedy would be.
Mr. Gould indicated that this would be a situation similar to when the County came before the
City for their tower. An applicant would have to petition to the City to do an amendment to
the Ordinance to add their particular use to the list. Mr. Theeman said that if this is the case
that he felt that language should be included that states “including but not limit to.” Mr.
Wheeler agreed. Mr. Rosenblatt felt that if there is a purpose of a benchmark beyond which
they are supposed to apply some special standard, he would feel more comfortable working
on the standard in tandem with opening this up to everything that is tall. Mr. Gould indicated
that a radio tower and a beacon are benign but a light pole, a smoke stack, and a windmill
have different impacts and he did not feel that the Ordinance, at the moment, gives the
Board the ability to distinguish those impacts and decide which are ones that the Board would
support and which are ones that Board would not support. As they expand this the Board has
to do that in tandem with some sort of standard that helps the Board make judgments when
these come before the Board.
Ms. Brown asked if it is the Board’s intent to try to limit the Code Enforcement Officer’s
power and if the Board wanted to have more control. Chairman Guerette said that he
thought it would help both the Board and Code Enforcement Officer to have a more common
platform of understanding.
Chairman Guerette encouraged the Board to provide comments directly to Mr. Gould.
Mr. Gould also noted that there were several other draft amendments that have been
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distributed to the Board that are largely unresolved and that the Board needed to look at
these at some point. They include work on the Technology and Service District regarding
definitions of industrial uses, and definitions on housing details, etc.
Mr. Theeman asked Mr. Gould to look at height standard for items that are placed on
top of buildings as he felt there was a lot of ambiguity that should be cleared up especially
when the amendment was made specifically for Penobscot County. Mr. Gould explained that
at the time the question was raised as to why we were carving out an exception for one
entity. Government often creates special exemptions for itself and the intent was that
Penobscot County needed the amendment to deal with their radio situation. If it is change
for everyone it may have an impact that the Board may not want.
Mr. Rosenblatt asked if the Board was ready to move to the next step on the By-Laws.
Chairman Guerette indicated that he would like to put a timeline on this and asked if the
Board could forward any comments they have by the next Planning Board Meeting. Mr.
Rosenblatt also asked what the Board’s feeling was toward the proposed amendments for
towers. Mr. Gould indicated that it would be Staff’s intention to include language that will say
including but not limit to but also provide some additional standards that the Board could
discuss as to what they feel are acceptable or not acceptable.
The Board discussed the proposed amendment to correct the Code to reflect acreage
requirements for attached residential. Mr. Gould indicated that Staff did some quick analysis
of what the resulting development would be and felt that the size of the parcel did not dictate
whether it would be good development or bad development. Also, There were many other
factors that impact this, Staff did not feel that it would create any problems by reducing it
from 5 acres to 3 acres. Mr. Rosenblatt asked what other factors might impact the quality of
the development more and if they are included in the Ordinance. Mr. Gould indicated that
wetlands are going to have more of an impact on someone’s property than the size of it. A
good example of this is the Sable Ridge project on Ohio Street. This is a 9-acre parcel,
moderately wide, that goes way back and there is a huge wetland in the middle of the parcel.
This development can’t go any further back than the wetland. So they are essentially using
one third of the parcel to the maximum density that they can. Mr. Gould noted that most all
of the approved attached residential projects have been well in excess of the minimum 5
acres. The reason Staff went to 3 acres is that when they did the Marsh Mall Overlay there
is a requirement that any development there has to be clustered. When they looked at rural
clusters the area was reduced to three acres so that someone doing an attached residential
development could meet the minimum. This needs to be consistent in both areas of the
Ordinance. Mr. Gould indicated that Staff would prepare an amendment to correct this
oversight that will come back before the Board as a public hearing item.
Chairman Guerette asked for a motion. Mr. Theeman moved that the Board direct the
Planning Officer to correct the discrepancy that occurs in the Marsh Mall Amendments such
that low density residential district requires a 3 acre minimum. Mr. Wheeler seconded the
motion which carried unanimously.
Mr. Gould discussed progress on scheduling a Board tour indicating that he had spoken
with Staff at the Airport who indicated that this adequate notice they could provide a van for
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the tour. Mr. Rosenblatt indicated that he would like to view the Wal-Mart site prior to
snowfall. Mr. Gould explained that at the present time here is no application on file and the
Board cannot do a site visit until it is filed. Mr. Rosenblatt asked the Planning Officer to
notice the Board as soon as one is filed.
Mr. Wheeler indicated that in the past he was told that a Board Member could not go
out and inspect a site. Mr. Gould indicated that this is correct and if the Board wanted to go
out and see a site they need to do it as a meeting of the Board and send notices out so that
the applicant can also attend. Mr. Gould explained that no one on the Board should go and
look at sites on their own and formulate opinions and ideas of the site independently of a
public forum. All parties should be subject to the exact same information relative to making a
decision. When an application is filed the Board can make a request of the applicant, Staff
will notice it as a meeting of the Board such that everybody who is a party can attend.
Mr. Wheeler asked if the Board holds such a meeting and provides adequate public
notice how is the public able to hear and/or participate. Mr. Gould said it will need to be
noticed and should other people request to come along provision will need to be made to
take them along. Ms. Brown indicated that in Massachusetts a developer comes and
presents at the Planning Board who does not make a decision until after they have gone out
and done a site visit. These meetings were typically done on a Saturday so that every Board
member has a chance, as well as people from the public, to go and view the site while not
needing to take time off from work. She indicated that she would prefer to go out to the site
after the presentation.
Mr. Wheeler indicated that he did not like the principle of targeting a specific project for
this kind of inspection when it is not done as a matter of common procedure. Ms. Brown
agreed adding that she felt that it should be done for every application.
Mr. Clark indicated that he was uncomfortable with a pre application or a post
application visit to a property because it was not done when discussing other projects such as
Parkade, or Widewaters. He said that this would be singling this one out because it is Wal-
Mart.
Chairman Guerette indicated that he thought that at any time there is an application
before the Board, they have the purview, responsibility and the authority to request a delay
on their decision in order to accomplish this site visit. However, he felt that there should be
some caution about trying to single out people. Chairman Guerette said that while reviewing
a site could be construed as a paper decision he has the utmost confidence that every single
application that comes before the Board has been seen from the ground by someone from
the City. Because the Board Members are not engineers they have to mandate good
information and be confident that Staff gives it in such a way to allow the Board to be able to
make these sorts of decisions. Chairman Guerette indicated that he did not want to visit
every site that comes before this Board.
Mr. Rosenblatt indicated that he feels that it is perfectly appropriate for the Board to
distinguish among applications and decide that an application is particularly complex or
significant to the community such that the Board should visit the location. He noted that the
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Board did an on-site visit with the Libbyview property off of Essex Street and he found that a
very useful visit, as it was very informative to see it on the ground as opposed to on paper.
He indicated that when this application is filed he has every intention of reviewing it and he
would very likely ask to have a visit to the property
There being no other items discussed, the meeting was adjourned at 8:50 p.m.