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HomeMy WebLinkAbout2005-08-16 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF AUGUST 16, 2005 MINUTES Board Members Present: Hal Wheeler, Vice Chairman Ryan King David Clark Nat Rosenblatt Laura Mitchell City Staff Present: David Gould James Ring Peter Witham News Media Present: Bangor Daily News Vice Chairman Wheeler called the meeting to order at 7:00 p.m. In the absence of Chairman Guerette, Associate Member Mitchell was asked to vote. Vice Chairman Wheeler explained the Public Hearing process. He spoke of the Penjajawoc Marsh Task Force Committee appointed by the City Council to try to bring the various stakeholders, commercial property owners, residential property owners and environmental interests together with regard to future development policy in the Bangor Mall Area. Mr. Wheeler indicated that he wanted to make a preliminary statement about the Comprehensive Plan. He said that the Comprehensive Plan is a stated written policy for land use and development in the City. It does not have the power of law such as an ordinance as passed by the City Council, but it is an instrument of guidance and a statement of principal by which the Planning Board is guided for decisions for each and every item on the agenda. Mr. Wheeler explained that the Comprehensive Plan is subject to changing, expansion and re-delineation according to the circumstances. The Planning Board has no power of legislation its role is to make recommendations to the City Council and to make judgement and decision on its interpretation of the Comprehensive Plan. Mr. Wheeler said that the Planning Board has done an outstanding job of balancing the interests of all members of the public, the citizens of Bangor, and for some who are not 2 citizens of Bangor. Decisions may or may not be perfect but ultimately are the process of evolving government. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing a parcel of land located at 110-112 Congress Street and 433- 435 French Street from Urban Residence 2 District to Government and Institutional Service District. Said parcel containing approximately 11,818 square feet. Mt. Hope Associates, applicant. C.O. # 05-266. Vice Chairman Wheeler asked for comments from proponents. Mr. Peter Downey of Mt. Hope Associates, explained that he is requesting a zone change for a parcel of land located at 110-112 Congress Street and 433-435 French Street from Urban Residence 2 District to Government and Institutional Service District. Mr. Downey explained that there are two buildings on this parcel. There are two apartments in the building located at 433-435 French Street and one apartment and a commercial use (formerly an optometrist’s office) at 112 Congress Street. Mr. Downey indicated that he is requesting this zone change as he is in discussions with St. Joseph Hospital to purchase the property. St. Joseph Hospital, in anticipation of hospital uses, would require a zone change to Government and Institutional Service District zoning. Mr. Downey said that St. Joseph Hospital has indicated to him no immediate plans for the property. He noted that his tenants have leases and the Hospital has assured him that they will honor those leases. Therefore, it would be at least a year before anything would change. As no one else spoke in favor, Vice Chairman Wheeler asked for opponents. Ms. Ann Davis, 12 North Park Street told the Board that the front of her property faces Broadway Park and the back faces the parking lot that goes with this property. Ms. Davis indicated that she had several questions including what the Hospital intended to build, how much traffic will this bring to Congress Street, and whether or not this would affect her property values. She said she has space to park four cars in her back yard and has an entrance and garage off of Congress Street. She questioned why the zone needed to be changed if they are not going to be making any changes. Ms. Susan Moores, another Congress Street neighbor, expressed her concern that this zone change will have an effect on the quality of life in this neighborhood. She said that the Hospital is encroaching on this neighborhood and she is afraid that the neighborhood will lose this aspect. Mr. Downey said that this is a strategic property for St. Joseph Hospital to purchase. Traffic on Congress Street is not expected to change. There is no anticipated use at this juncture and if there were any changes, he believed that 3 approvals from the Planning Board would be required. The existing uses would be permitted to continue until there is an application to change the use. Mount Hope Associates has owned this property for over 20 years. In the 1980’s, it was felt that this property was left as a buffer. Mr. Downey said that he felt that the proposed zone is consistent wit the City’s Comprehensive Plan. Mr. Downey indicated that Mr. Jim Kimball of M & J Corporation, a real estate holding entity for St. Joseph Hospital, was present to address this further. Mr. Kimball, who is on the Governing Committee of M & J Corporation, explained that this is a non- profit real estate holding company for St. Joseph Hospital. Mr. Kimball indicated that in talks with the applicant, they felt the time was right, a deal was struck, and a purchase and sales agreement has been prepared and is being reviewed by the Hospital. The Hospital would like for the zone to be changed so that if they do acquire this property it will be in conformity with the zoning of the rest of the campus. The property is strategic for the Hospital as it is located at the mouth of the campus. The hospital has no firm plans for that property at this time and somewhere down the road, the Hospital will develop some plans for this property and at that point in time they would have to come back before Planning Board for its approval. Mr. Kimball said that St. Joseph Hospital is a vital, growing entity in the City of Bangor that provides a very much-needed service. Over the years St. Joseph Hospital has been an excellent corporate citizen. Rather than an encroachment, the Hospital sees this as an opportunity to expand its mission for terrific healthcare for the City of Bangor. Mr. Rosenblatt asked if the Hospital might expand its parking lot. Mr. Kimball said that right now the acquisition of this property is strategic and he felt that it would benefit everyone in the City of Bangor. Vice Chairman Wheeler closed the Public Hearing and asked for Staff comments. Acting Planning Officer Gould explained that this is a request to rezone a parcel of land located at 110-112 Congress Street and 433-435 French Street by Mt. Hope Associates. The 11,800-sq. ft. parcel abuts St. Joseph Hospital. There are two buildings on the parcel with a total of 4 dwellings units and some commercial space. Mr. Gould explained that the Government and Institutional Service District is largely a district that is characterized by its ownership. While there are a wide range of uses in the G & ISD the existing operations that the applicant has, would become nonconforming. Mr. Gould discussed the history of this area indicating that discussions date back to the late 70’s, 80’s and most recently in the 90’s as the Hospital has continued to expand. This is an institutional use that is surrounded by residential property. In those discussions, one key element was to try to reorient the Hospital’s access and heavy traffic impact away from Center Street to Broadway. Mr. Gould noted that Staff pointed out in the Staff Memorandum that there was a rezoning at 100 Congress Street that 4 was debated at length. The initial zone change was rejected and was re-filed as a contract zone change. While this would be a good instrument in this case, the dilemma is that the Hospital is not the applicant. The applicant if it retains the property or if someone else purchases it, they will need to have access to Congress Street. The current Land Use Plan and Zoning Policy Plan indicates Government and Institutional Service use down to the edge of Congress Street. Staff would fully expect the Hospital to develop this parcel consist with the agreement that new growth be directed toward Broadway. If there is redevelopment of this parcel, then those elements will come back before the Planning Board. Mr. Gould said that Staff is comfortable that the proposed zone change request is consistent with the Comprehensive Plan and recommended that the Planning Board make a favorable recommendation to the City Council. Vice Chairman Wheeler asked for a motion. Mr. Rosenblatt moved to recommend to the City Council approval of the zone change request from Urban Residence 2 District to Government and Institutional Service District for Mt. Hope Associates as contained in C.O. # 05-266. Mr. King seconded the motion. The Board voted four in favor and one opposed to the motion recommending approval of C.O. # 05-266. Item No. 2: To amend the Land Development Code by changing part of a parcel of land located at 936 Finson Road from Rural Residence and Agricultural District to Low Density Residential District. Said part of a parcel containing approximately 10.54 acres. Stanley MacMillan, applicant. C.O. # 05-267. The Public Hearing was opened by Vice Chairman Wheeler who asked for comments from proponents. Mr. Stan MacMillan, the applicant, spoke in favor of the proposed change. Mr. MacMillan explained that he is requesting a zone change from Rural Residence and Agricultural District to Low Density Residential District for a parcel of land located at 936 Finson Road. The parcel has sewer available and he plans to run water service to the site as well. Mr. MacMillan indicated that the adjacent parcel is zoned Low Density Residential and the other adjacent parcel is a cemetery. Vice Chairman Wheeler asked for proponents, there being none he asked for opponents. Mr. Al Butko, 933 Finson Road indicated that while he is not an opponent he does have concerns about the traffic along Finson Road in this area and where the access to this parcel would be located. Mr. Butko said that this area of Finson Road has a dangerous knoll where people are driving 55 to 60 miles per hour. When they come down over the knoll they cannot see. He said that there are going to be issues of traffic and safety if Finson Road is the only access to this site. Mr. MacMillian indicated that he also owns a parcel of land closer to Ohio Street that could be used for an entrance to give better sight distance. 5 Mr. Wheeler asked Mr. Butko if he had contacted the Police Department. Mr. Butko said that he has and that they are doing their job. He said that he appreciates the job that they are doing, but that they cannot be there all the time. Mr. King asked the applicant if he proposed a use that was a permitted use in the Low Density Residential District. Mr. MacMillian indicated that he did. Ms. Mitchell asked if the applicant was planning to extend sewer and water service to the site. Mr. MacMillan indicated that the sewer runs along the property adjacent to the stream and that water was also available to this site. Mr. Clark asked what the applicant was proposing for this site. Mr. MacMillian indicated that he was not sure what would be built at this point but maybe condominiums. Mr. Don Menninghaus 930 Finson Road, said that he was not in opposition, but had questions as to what the applicant proposed to build and what could be allowed in the zone. He said that in a conversation he had had with Staff that the applicant could place 7 house lots in a Rural Residence and Agricultural District and in the Low Density Residential District there could be as many as 20 lots. Mr. Menninghouse indicated that taking the extreme of 20 developed lots will change the character of the neighborhood and put pressure on the road and stream. Without knowing more specifics, it is hard to know whether or not he is in opposition. Ms. Lucy Quimby, a resident of 1230 Kenduskeag Avenue, noted that there is a trail that runs along the Kenduskeag Stream in this area indicating that trails are important elements in the community and a nice form of recreation. As no one else spoke, Vice Chairman Wheeler closed the Public Hearing and asked for Staff comments. Acting Planning Officer Gould explained that this is an application to change the zoning on l0.5 acres of land located at 936 Finson Road from Rural Residence and Agricultural District to Low Density Residential District. Mr. Gould noted that approximately one-half of this parcel is in the Rural Residence and Agricultural District and the remaining half is zoned Resource Protection and fronts on the Kenduskeag Stream. Mr. Gould indicated that the existing trail is likely in the Resource Protection portion near the stream. There is a limited amount of frontage on Finson Road due to the existing house lots on the frontage that were carved out of this parcel. Mr. Gould indicated that Finson Road is very typical of a lot of rural streets in the City like Kenduskeag Avenue, Essex Street, and Ohio Street where there are a lot of excessive speeds. Just below this property is the proposed residential development of a 28-lot single-family residential cluster subdivision for Bangor Housing Development 6 Corporation. With the addition of more residential development along this area, hopefully this will cause people to slow down thru the neighborhood. Mr. Gould explained the difference between the two zones noting that an RR & A District it is anticipated that a lot will be serviced by a well and an on-site waste disposal system with a minimum lot size of 1.5 acres with 200 feet of road frontage. In a Low Density Residential District, because of the introduction of the availability of public sewer and water, fire protection, etc., the single-family lot size goes down to 12,000 sq. ft. While you can get many more houses in a Low Density Residential District than in the Rural Residence and Agricultural District it is likely that the houses are going to be a different type of development. The LDR does allow for some attached residential options such as townhouses and condominiums with 5 units per acre as a conditional use. The Comprehensive Plan envisions this portion of Finson Road as a low density residential area, Given its consistency with Comprehensive Plan, Staff recommended that the Board make a positive recommendation to the City Council. Mr. Clark moved to recommend to the City Council approval of the zone change request at 936 Finson Road for Stanley MacMillan, applicant from Rural Residence and Agricultural District to Low Density Residential District as contained in C.O. # 05-267. Mr. Rosenblatt seconded the motion. The Board voted 5 to 0 in favor of the motion. Vice Chairman Wheeler noted that the City Council will be making the final decision on this request. Item No. 3: To amend the Land Development Code by changing part of a parcel of land located at 1486 Hammond Street from Industry and Service District to Urban Industry District. Said part of a parcel containing approximately 9.87 acres. Kubtrac Unlimited, LLC, applicant. C.O. # 05-268. Vice Chairman Wheeler opened the Public Hearing and asked for proponents. Mr. Stan Plisga, representing the applicant explained that a year ago there was a similar application by Albion Dorr to change a strip of land located to the east of this parcel. Kubtrac Unlimited, LLC is also known as Dorr’s Equipment Company and owns a parcel of land located from Hammond Street to the railroad spur. This parcel falls into three zoning categories. The parcel in question is zoned Industry and Service District and is surrounded by Urban Industry District except for the frontage on Hammond Street which is zoned General Commercial and Service District. This change will bring this portion of the parcel into the same zoning category as the surrounding parcels in that area. After the zone change took place a year ago the property was purchased Dan Webb to permit Webb’s RV to use the parcel for RV storage and maintenance. The reason for this zone change request, ultimately, will be for Mr. Dorr and Mr. Webb to trade parcels to give them both a more useable space to develop. Mr. Webb would then be able to develop the southerly portion and Mr. Dorr would develop the northerly portion (that abuts the Dorr’s Equipment site). If the zone change passes, then the 7 applicant will need to come back before the Planning Board for subdivision plan revision approval. No one spoke either in favor of or in opposition to the zone change request. Vice Chairman Wheeler closed the Public Hearing and asked for comments from Staff. Acting Planning Officer Gould explained that the applicant, Kubtrac Unlimited, LLC is requesting a zone change for 9.87 acres of a 16.88 acre parcel located off of Hammond Street. This parcel runs from Hammond Street with GC & S zoning on the frontage, then I&S zoning and UID zoning continues further to the south. Mr. Gould explained that this is basically a repeat of a rezoning proposal before the Planning Board approximately one year ago where there was a request to rezone the adjacent parcel to UID to accommodate the needs of Webb's RV for sales and maintenance of RV equipment. The City’s Land Development Policy for this area is for industrial use. What is debatable is the Zoning Policy in this location. This property could be developed either way. The Planning Staff sees no reason not to allow the applicant to develop this parcel as Urban Industry District. It is consistent as to how Staff would recommend similarly located properties. This is a large area of land that is remote from any Industrial Park. The Urban Industry District suits the needs and intent of applicant. Staff recommended that the Planning Board recommend approval of this zone change request to the City Council. Mr. Rosenblatt indicated that he voted against the application last year and that he still does not feel that it is consistent with the Comprehensive Plan. Mr. Rosenblatt expressed his concern with the heavy industrial uses that could be allowed if the zoning were changed. Mr. Gould explained that this is clearly not an industrial park parcel. When this was originally zoned it was thought that the industrial park might expand. Now, that is not likely to happen. Mr. Rosenblatt asked if any thought had been given to a text amendment to the Industry and Service District to allow this use. Mr. Rosenblatt had concerns with the heavy industrial uses that are allowed in the Urban Industry District. Mr. Gould indicated that there has been some consideration given but this is an area that could be developed either way. Vice Chairman Wheeler asked for a motion. Mr. King moved to recommend to the City Council that the zone change request at 1486 Hammond Street contained in C.O. # 05-268 be approved. Ms. Mitchell seconded the motion. The Board voted four in favor and one opposed to the motion. 8 Item No. 4: Amending the Land Development Code Chapter 165, Section 165-101 and Section 165-102 to Amend the Outdoor Entertainment and Recreation standards in the Shopping and Personal Service District and the General Commercial and Service District. City of Bangor, applicant. C.O. # 05-269. Vice Chairman Wheeler opened the Public Hearing and for comments from the applicant. Planning Officer Gould explained that the City of Bangor is the applicant for this text amendment includes standards for outdoor entertainment and recreation uses in two commercial districts. This was done to introduce the use to these Districts and was largely driven to provide for mitigation of any impacts, loud noise, and bright lights, etc. In 2003, the Outdoor Entertainment and Recreation use was adopted as a conditional use under the Shopping and Personal Service District and General Commercial and Service District and standards included provision for noise levels outside lighting, landscaping, and setback at 200 feet from residential property lines and 300 from existing residential buildings. The proposal before the Board now tries to refine those 4 standards more specifically and deletes the specific setback standard of 200 feet from a residential property. The amendment also clarifies the intent of the use area measured by those setbacks. The outside lighting standard is tightened up to shield and effectively screen light nuisance or trespass. It also is more effective to have a very specific buffer yard between an outdoor recreation use and a residential property. Proposed vegetation could also mitigate impacts. Acting Planning Officer Gould indicated that Staff finds the proposed amendment an improvement in the Shopping and Personal Service District and General Commercial and Service District and recommends that the Planning Board recommend approval to the City Council. Before opening up the discussion to the audience, Vice Chairman Wheeler asked if there were any questions or comments from the Board. Mr. Rosenblatt felt that the Board needs to look at the impact, city-wide, of all Shopping and Personal Service Districts and where major commercial areas abut residential areas. Mr. Rosenblatt indicated that he was concerned with removing the 200-foot setback as it appeared to shift the buffer onto the residential property. Mr. Gould explained that the amendment proposes a D-1 buffer. D Buffers are quite rare. In every buffer yard there is a range of options. In a D-1 Buffer Yard it specifies a 35 foot width and within every 100 feet of this 35-foot width there must be 3 shrubs, 4 evergreens, and 4 deciduous trees. Also, existing vegetation can be utilized which in many cases is better than nursery stock. Mr. King asked for clarification of the second requirement regarding setbacks. Mr. Gould explained that there are two elements. As originally written there is a 200 9 foot setback and in addition a 300 foot setback from a specific building which makes a difference when a lot is vacant and when one is developed. As an example, should a residential building be 30 feet from the property line then the setback for the outdoor recreation use would be 270 feet from the property line. The provision for a D-1 buffer is going to be the mitigating factor on affecting adjacent property. Mr. Wheeler said that this is primarily a fine-tuning to bring the zoning more into consistency with practical reality. While it removes the 200-foot setback from residential properties it retains a 300-foot setback from residential buildings. This would not have an adverse impact on existing buildings. Ms. Mitchell asked how many vacant lots exist that would be affected by this amendment and if all of these lots received notification. Mr. Gould indicated that there could be thousands of properties throughout the City and that an advertised text amendment is not mailed to any property owner. A general notice that the City is proposing an amendment is posted in the newspaper. Mr. Colby Clendenning gave an example under the present language and under the proposed language. He noted that the way the present ordinance is written, it might be required to have a 300-foot buffer and a 200-foot buffer for a total of a 500 foot buffer. The proposed language would require 300 feet and that would be the same for everyone. Mr. Gould pointed out that the two standards will not add up to a 500 foot buffer in any situation. If the building is 300 feet from the building line then there is no additional setback. If the setback is 10 feet then the additional setback would be 290 feet. Mr. Wheeler asked if this amendment is relatively bullet proof or if it still leaves some areas of ambiguity. Mr. Gould contrasted this with a non-outdoor recreational use. In a situation where there is a fast food restaurant with a big parking lot there is no 200 to 300 foot setback from a residential property. He noted that one of the biggest and most intensive buffers within the City is that of the Parkade project which is 150 feet. At the same time, the Broadway Shopping Center’s setback is substantially less. Mr. King asked if there would be any adverse impacts on vacant property. Mr. Gould explained that it will change outdoor recreational uses next to residential properties. If there is a house there, there is a setback distance from the house, if not, there is no setback. Mr. Clark asked what would be considered an outdoor entertainment use. Mr. Gould indicated that that use category would include such permanent uses as miniature golf, a driving range, a putting area, and batting cages. These developments will need 10 to come to the Board for site plan review. The Board can then review impacts on the residences. This amendment attempt to improve what you have to work with. Ms. Mitchell asked why the setback would be from an existing residence rather than the residential boundary. Mr. Gould indicated that the theory is that if the property is vacant there isn’t anything to be protected. The proposed intensive buffer is intended to mitigate effects. Vice Chairman Wheeler then opened up the discussion to opponents. Mr. Matthew Bently asked why this amendment was being proposed and if there were any personal conflicts in proposing this amendment. Mr. Wheeler indicated that any conflicts are to be disclosed. Mr. Rosenblatt also added that if there were conflicts that Board Members would disclose them. Mr. Gould indicated that there was interest on the part of a City Department in initiating this text amendment. This is quite common. Often the Legal Office or the Code Enforcement has a request from someone who wants to do a particular project and such amendments are put into the process. Mr. Wheeler asked if the Bangor State Fair is a private or City entity. Mr. James Ring, City Engineer, said that it would be his thought that it is an event as opposed to an on-going recreational use. Mr. Gould also pointed out that it would be determined as to the District in which it is located. This involves the S & PS and GC & S Districts. As an example, the Winkin Baseball Park is in a Government and Institutional Service District. As no one else spoke, Vice Chairman Wheeler closed the Public Hearing and called for a motion. Mr. King moved to recommend to the City Council adoption of C.O. # 05-269. Mr. Clark seconded the motion. The motion passed by a vote of three in favor and two opposed. Item No. 5: To amend the City of Bangor’s Comprehensive Plan 2000 by adding the Final Report of the Penjajawoc Marsh/Bangor Mall Task Force dated May 2005. Vice Chairman Wheeler opened the Public Hearing and indicated that it was his intention, because this is an amendment to the Comprehensive Plan, that the Board not take a final vote on this issue at this meeting out of courtesy for and consideration of the Planning Board Chairman who was not present at the meeting. Any amendment to the Comprehensive Plan is a vote of the entire Board both full members and associate members. Mr. Wheeler indicated that the Board could override this but said that he felt that the final discussion and vote on this issue should be a vote of all of the Members of the Planning Board. Vice Chairman Wheeler said that because this has been advertised, 11 the Board should entertain comments from those in the audience who have sat through the process waiting to speak. He asked the City Engineer to give a presentation. Mr. James Ring, City Engineer explained that this item is before the Planning Board for a Public Hearing, at the request by the City of Bangor, to adopt the Penjajawoc Stillwater Marsh Task Force Final Report and incorporate it into Comprehensive Plan. One of the requirements for any change to the Comprehensive Plan is public participation, public notice and holding a Public Hearing. Mr. Ring explained that prior to this, there has been a lot of public discussion and opportunity for public participation. The Task Force was an effort to bring public interests together to deal with some of the issues, in particular, in the northeast area of the City. This area has been a concern to landowners, conservationist, naturalists, environmentalists and developers alike. The outcome of the Task Force’s effort is the Final Report, which is a series of recommendations that could be used or offered to develop future development policy on land use including conservation, development intensity, and setbacks. Given the fact that the Planning Board is in the process of a mid-term update of the Comprehensive Plan this would be an opportune time to adopt this Task Force Report and the recommendations contained therein as part of the guiding policies of the Comprehensive Plan. Mr. Wheeler invited members of the audience who are in favor to speak. Ms. Hope Brogunier, a Member of the Task Force, indicated that she is extremely proud of the outcome of this very intense process. All of the Members made compromises and an enormous investment of time and effort into this outcome. Ms. Brogunier noted that Mr. Ring played an enormous effort in bringing the Members of the Task Force together. She indicated that the Task Force did not solve all of the issues but now there is a blueprint and a Conservation Commission has been established to address issues so that they don’t become explosive. She said that this is a critical need that the City of Bangor needs. This Task Force represents an incredible model of how we might manage land use planning. This is seen as a pilot project of what we might do everywhere in the City. Ms. Brogunier indicated that this Report has a great deal of positive meaning for not only the Task Force but for the public who came and supported this. She said that she hoped that the Planning Board will do the next piece and put the Final Task Force Report into the Comprehensive Plan. Mr. Shep Harris, 100 Linden Street, Vice President of the Bangor Land Trust, Member of the Penjajawoc Marsh/Bangor Mall Area Task Force, and a Real Estate developer spoke in favor of adopting the Final Report into the Comprehensive Plan. Mr. Harris pointed out that the Task Force spent a lot of time on the Comprehensive Plan in their deliberations. They delineated topography, water & sewer and utilities to tighten up the commercial zone into an area that was feasible for development, while at the same time, talking about the areas to protect the natural resources. This was done to help the approval process and to have a much clearer process, less acrimony, and to have guidelines and rules established. Mr. Harris indicated that the comments that he 12 has received from pubic, City Council and other folks, has been very positive about the Task Force and it’s ability to bring so many diverse people together to come up with a plan with a unanimous recommendation to the City. Mr. Harris said that he would recommend that the Planning Board adopt the Task Force’s Final Report as a part of the Comprehensive Plan. Ms. Judy Markowsky, a Member of the Task Force, told of the hard work the Task Force did to come to an agreement in formulating the Final Report. She also urged the Planning Board to vote in favor of including the Final Report in the Comprehensive Plan. She, too, felt that the inclusion of the Final Report would prevent the difficulties and expenses incurred of projects like Wal-Mart in the Marsh Area. Lucy Quimby 1230 Kenduskeag Avenue, President of Bangor Land Trust, and a Member of the Task Force also spoke in favor. Ms. Quimby indicated that the State of Maine's Growth Management Law requires that Comprehensive Plans contain inventories of significant or critical natural resources and unique natural areas; and, that the Comprehensive Plan define policies to protect those areas. Ms. Quimby said that this is where the planning is supposed to begin. The State Planning Office along with other agencies including the Maine Department of Inland Fisheries and Wildlife, the Maine Natural Areas Program, the Maine Audubon Society, U.S. Fish & Wildlife, the Maine Cooperative Fish and Wildlife Unit, Southern Maine Regional Planning Commission, the Nature Conservancy and the Wells National Estuary Research Reserve came up with the Program called Beginning with Habitat. They did a presentation here a couple of years ago and they would be delighted to present again, if asked. Ms. Quimby indicated that they are willing to provide all of technical assistance that municipalities need in order to adopt this planning approach. When the Task Force began its deliberations, the Bangor Land Trust asked Maine Audubon to create the Penjajawoc Marsh Conservation Plan so that the Land Trust would have information on the best available scientific data. SR Weiner one of the major developers in the Mall Area split the cost of this with the Land Trust because they, too, recognized that they had an interest in understanding the conservation values of the area. Ms. Quimby discussed the process of the Task Force and the City’s hiring Jonathan Reitmann to facilitate this process. She noted that development was at a standstill after the Wal-Mart project, and now developers are working on a timeframe and need to know sooner or later what criteria they will be working under. Ms. Quimby indicated that the Task Force’s Final Report is positive and that the City can manage their natural resources while allowing for development. Suzanne Kelly, 380 French Street, said that she supports adding the Task Force’s Report in its entirety. She said that this has been a long, careful process, an excellent cross-section of community members, and a great effort by the City. Ms. Kelly said that this is a landmark approach to resolving community issues. 13 George Elliot, 106 Balsam Drive, indicated that the Bangor Mall/Penjajawoc Area is of particular interest and the Planning Board has a great opportunity before them. The Task Force Report is an effort done by people who put in a great deal of time and effort into this and it is a really good solution and plan for an area. Mr. Elliot indicated that this is a great opportunity and he highly recommend that the Board accept the Final Report of the Committee and include it into the Comprehensive Plan. Mr. King indicated that Ms. Quimby had shown other reports that somehow affected the Final Report of the Task Force. In the Planning Elements dealing with natural resources, the work that was done by the consultant documented all of the reports that they gathered. Mr. King felt that he would find it helpful and he asked if there was any discussion about adding those reports to the Task Force’s Final Report as a list for future reference. He indicated that he would not like to see those documents lost. Ms. Quimby said that in their excitement in getting to a conclusion that they did not talk about footnoting and documenting. She said that the Bangor Land Trust would be glad to have these footnoted and made a part of the supporting documentation if that is what the Board would like to do. The Audubon Report drew upon many of the same agencies as those in the Beginning with Habitat Consortium. Mr. Ring noted that in developing the Final Report of the Task Force it produced a series of recommendations. The Audubon Study was very valuable and useful in facilitating their discussions and in formulating the final recommendations within the Final Report. The Task Force recently had a discussion about citing some of the other documents in an inventory as it is an integral part of the Report. Mr. Ring said that he felt that it would be very appropriate to mention or footnote in the appropriate sections of the Comprehensive Plan. No one spoke in opposition. Vice Chairman Wheeler opened up the discussion to the Board. There being none, Vice Chairman Wheeler asked if the Board wished to vote or delay the vote to another meeting. He asked if the Board did not vote, if the notice would need to be published again 30 days in advance. Acting Planning Officer Gould indicated that notice was provided that the Board would consider this document 30 days from the date that the notice was published. This report was made available to the public during normal business hours for all 30 days. If you want to change that then the process will need to be done again. In terms of the timeframe that the Board makes a decision, the Board has opened the public hearing and has held the public hearing. If the Board wishes to continue this to the next meeting that is an option that the Board has. Comprehensive planning falls under the guidelines of the Growth Management Act and has some regulator pieces to it. The City of Bangor also has a City Charter that deals with the Comprehensive Plan. Sometimes those two don’t dovetail exactly. The Growth Management Act lays out some specific guidelines as to how comprehensive plans get adopted and the City’s Charter has a little bit of a different process. In some instances the City Council would 14 do a Council Resolve that would indicate that the Planning Board has a specified number of days in which to report back to the City Council. That has not occurred yet. The Planning Board is taking this issue proactively and is not under any specific timeframe in terms of their recommendation. The Board is free to continue this hearing and the discussion to a subsequent date. Mr. Wheeler indicated that this would mean that others who were not present could make comments and statements heard at a later meeting. Mr. Wheeler asked if anyone wished to move to continue this to the Board’s next meeting in order for the absent Chairman to have the opportunity to review the statements made. Mr. Wheeler indicated that he would also ask that Staff provide a summary of the comments made by individuals who spoke. Mr. Rosenblatt discussed the voting provisions of the Planning Board By-Laws and the City’s Charter regarding closing the public hearing and voting on the Comprehensive Plan Amendment. He noted that Assistant City Solicitor John Hamer indicated that given that there are five regular members and 1 alternate member a positive vote of four would be required to approve an amendment to the Comprehensive Plan. Mr. Rosenblatt felt that it would be appropriate to close the Public Hearing and to defer the vote on this issue. Mr. Rosenblatt then moved to close the Public Hearing. Mr. King seconded the motion. The Board voted five in favor and none opposed to the motion to close the public hearing. Vice Chairman Wheeler asked for a motion to continue this item. Mr. Rosenblatt moved to continue this item to the next meeting or the next meeting when all Board Members were present and voting. Mr. King seconded the motion. The motion passed unanimously. NEW BUSINESS Item No. 7: Final Subdivision Plan approval to construct a 28-lot single- family residential cluster subdivision located at Finson Road and Ohio Street in a Low Density Residential District. Bangor Housing Development Corp., applicant. Vice Chairman Wheeler asked for comments from the applicant. Mr. Jim Kiser, Kiser & Kiser representing Bangor Housing Development Corporation, noted that this project received Preliminary Subdivision Plan approval from the Planning Board in July. The applicant is now back before the Board for Final Subdivision Plan approval. At the time the Preliminary Plan was approved, the Board attached conditions to the approval that included: 1) that the applicant obtain Final Subdivision Plan approval within six months of July 5, 2005; 2) that the Final Subdivision Plan approval be consistent with the cluster subdivision standards; 3) that the Final Subdivision Plan specify that the open space depicted on the plan will be maintained as open space in perpetuity; and 4) 15 that the residential structures built within the development be built consistent with the applicant’s submissions and that garages that are consistent with the house styles in those submissions also be permitted. Mr. Kiser indicated that the Final Plan is now in order and the applicant has addressed those conditions. No one spoke either in favor of or in opposition. Vice Chairman Wheeler closed the public hearing and asked for Staff comments. Acting Planning Officer Gould indicated that the application before the Board is for a Final Subdivision Plan for a 28-lot subdivision located off of Ohio Street and Finson Road. Mr. Gould point out that this is a unique project as it utilizes the cluster standards of the Low Density Residential District. The subdivision will be served by public water and sewer. The applicant was asked to put on the face of the final plan notification that any development needs to be built consistent with the conditional use approval. The City Engineering Office has reviewed the stormwater details and road construction and all are in order for approval. As the plans are in order, Staff recommended Final Subdivision Plan with the conditions that the applicant provide the Legal Department with a suitable improvement guarantee within 120 days of approval and with the condition that the applicant also provide an executed sewer extension easement with the neighboring property. Mr. Rosenblatt made a motion to grant Final Subdivision Plan Approval to Bangor Housing Development Corporation located on Ohio Street and Finson Road with the conditions that the applicant provide the City with an executed sewer easement from abutting property owner acceptable to the Legal Office and that improvement guarantees satisfactory to the City Engineer and City Solicitor be submitted within 120 days of approval. Ms. Mitchell seconded the motion. The Board voted 5 to 0 in favor of the motion. Item No. 8: Site Development Plan approval for construction of a 42,723 sq. ft. warehouse building, a 9,000 sq. ft. garage, and a 2,050 sq. ft. pressure treated rack structure and Site Location of Development Act Approval for the existing retail and wholesale lumber and building supply showroom and warehouses located at 1087 Hammond Street in a General Commercial and Service District. MJH-BGR d/b/a Hammond Lumber Company, applicant. Vice Chairman Wheeler asked for a presentation from the applicant. Mr. Matt Massey explained that the applicant has filed for Site Development Plan and Site Location of Development Modification approval to expand its existing building supply business operation. The applicant is proposing to construct a 42,723-sq. ft. warehouse building, a 9,000 sq. ft. garage, and a 2,050 sq. ft. pressure treated rack structure behind the current operation located at 1087 Hammond Street. 16 Mr. Rosenblatt asked if there is a PA system or noise source on site and what is proposed for lighting. Mr. Massey indicated that they have an external paging system within the warehouse that has several speakers targeted to specific work areas that can be heard outside but is projected downward. All of the lighting is proposed to be low wattage security lighting and pointed into the operation and away from adjoining property. Mr. Rosenblatt also asked who owns the 50-foot parcel behind this parcel. Mr. Massey indicated that the City of Bangor owns this and that the applicant has a lease to use it. No. one spoke in opposition. Vice Chairman Wheeler asked for Staff comments. Acting Planning Officer Gould indicated that this is an application for Site Development Plan and Site Location of Development Act approval for the construction of 2 new buildings totaling 53,773 square feet and the addition of 5.3 acres of impervious surface to the existing site at 1187 Hammond Street in the General Commercial and Service District (GC&S). The construction will consist of a 9,000 square-foot 6-bay garage, a 42,723 square-foot warehouse, and a new 2,050 square-foot pressure-treated rack structure. All of this will be fenced in at the rear of the existing development and surrounded by 4.12 square feet of additional pavement. The expansion is intended to facilitate the sale and delivery of contractor materials as opposed to walk-in customer sales. The plan indicates 17,170 square feet of retail space requiring 58 parking spaces. The City Engineering Office has reviewed the technical aspects of the site plan; grading, stormwater and erosion control and finds them to be acceptable and consistent with the standards of the Land Development Code and Site Location of Development Act. Mr. King asked if the architectural styles would be consistent. Mr. Massey indicated that they proposed a typical metal square box. Vice Chairman Wheeler asked for a motion. Mr. Clark moved to approve the Site Location of Development Act Permit at 1087 Hammond Street for MJH-BGR d/b/a Hammond Lumber Company, applicant. Mr. Rosenblatt seconded the motion. The Board voted 5 in favor and 0 opposed. Mr. Clark moved to approve the Site Development Plan at 1087 Hammond Street for MJH-BGR d/b/a Hammond Lumber Company, applicant. Mr. Rosenblatt seconded the motion. The Board voted 5 in favor and 0 opposed. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. It was noted that the August 2, 2005 Minutes were amended to clarify the amount of time for completion date extensions. The Board deferred consideration of 17 the August 2, 2005 Minutes to the Board’s next meeting. Vice Chairman Wheeler asked that there be a correction made to the July 5, 2005 Planning Board Meeting Minutes in the last paragraph on Page 7 to indicate that he stated rather than asked a question regarding if the Planning Board did not recommend approval of a zoning ordinance that the City Council could adopt it. The Minutes of the July 5, 2005 Meeting were also continued to the next meeting. th It was moved and seconded to approve the Minutes of the July 19 Meeting. The Board voted three in favor and none opposed to approving the minutes. Vice Chairman Wheeler noted that he had received a written statement in support of the Penjajawoc Marsh/Bangor Mall Task Force Report from Carolyn Ziffer, 112 Franklin Street and asked that it be entered into the record. There being no further business, the meeting was adjourned at 10:19 p.m. PLANNING BOARD OF THE CITY OF BANGOR Comments on Item #5 from MEETING OF AUGUST 16, 2005 Board Members Present: Hal Wheeler, Vice Chairman Ryan King David Clark Nat Rosenblatt Laura Mitchell City Staff Present: David Gould James Ring Peter Witham News Media Present: Bangor Daily News Item No. 5: To amend the City of Bangor’s Comprehensive Plan 2000 by adding the Final Report of the Penjajawoc Marsh/Bangor Mall Task Force dated May 2005. Vice Chairman Wheeler opened the Public Hearing and indicated that it was his intention, because this is an amendment to the Comprehensive Plan, that the Board not take a final vote on this issue at this meeting out of courtesy for and consideration of the Planning Board Chairman who was not present at the meeting. Any amendment to the Comprehensive Plan is a vote of the entire Board both full members and associate members. Mr. Wheeler indicated that the Board could override this but said that he felt that the final discussion and vote on this issue should be a vote of all of the Members of the Planning Board. Vice Chairman Wheeler said that because this has been advertised, the Board should entertain comments from those in the audience who have sat through the process waiting to speak. He asked the City Engineer to give a presentation. Mr. James Ring, City Engineer explained that this item is before the Planning Board for a Public Hearing, at the request by the City of Bangor, to adopt the Penjajawoc Stillwater Marsh Task Force Final Report and incorporate it into Comprehensive Plan. One of the requirements for any change to the Comprehensive Plan is public participation, public notice and holding a Public Hearing. Mr. Ring explained that prior to this, there has been a lot of public discussion and opportunity for public participation. The Task Force was an effort to bring public interests together to deal with some of the issues, in particular, in the northeast area of the City. This area has been a concern to landowners, conservationist, naturalists, environmentalists and developers alike. The outcome of the Task Force’s effort is the Final Report, which is a series of recommendations that could be used or offered to develop future development 2 policy on land use including conservation, development intensity, and setbacks. Given the fact that the Planning Board is in the process of a mid-term update of the Comprehensive Plan this would be an opportune time to adopt this Task Force Report and the recommendations contained therein as part of the guiding policies of the Comprehensive Plan. Mr. Wheeler invited members of the audience who are in favor to speak. Ms. Hope Brogunier, a Member of the Task Force, indicated that she is extremely proud of the outcome of this very intense process. All of the Members made compromises and an enormous investment of time and effort into this outcome. Ms. Brogunier noted that Mr. Ring played an enormous effort in bringing the Members of the Task Force together. She indicated that the Task Force did not solve all of the issues but now there is a blueprint and a Conservation Commission has been established to address issues so that they don’t become explosive. She said that this is a critical need that the City of Bangor needs. This Task Force represents an incredible model of how we might manage land use planning. This is seen as a pilot project of what we might do everywhere in the City. Ms. Brogunier indicated that this Report has a great deal of positive meaning for not only the Task Force but for the public who came and supported this. She said that she hoped that the Planning Board will do the next piece and put the Final Task Force Report into the Comprehensive Plan. Mr. Shep Harris, 100 Linden Street, Vice President of the Bangor Land Trust, Member of the Penjajawoc Marsh/Bangor Mall Area Task Force, and a Real Estate developer spoke in favor of adopting the Final Report into the Comprehensive Plan. Mr. Harris pointed out that the Task Force spent a lot of time on the Comprehensive Plan in their deliberations. They delineated topography, water & sewer and utilities to tighten up the commercial zone into an area that was feasible for development, while at the same time, talking about the areas to protect the natural resources. This was done to help the approval process and to have a much clearer process, less acrimony, and to have guidelines and rules established. Mr. Harris indicated that the comments that he has received from pubic, City Council and other folks, has been very positive about the Task Force and it’s ability to bring so many diverse people together to come up with a plan with a unanimous recommendation to the City. Mr. Harris said that he would recommend that the Planning Board adopt the Task Force’s Final Report as a part of the Comprehensive Plan. Ms. Judy Markowsky, a Member of the Task Force, told of the hard work the Task Force did to come to an agreement in formulating the Final Report. She also urged the Planning Board to vote in favor of including the Final Report in the Comprehensive Plan. She, too, felt that the inclusion of the Final Report would prevent the difficulties and expenses incurred of projects like Wal-Mart in the Marsh Area. 3 Lucy Quimby 1230 Kenduskeag Avenue, President of Bangor Land Trust, and a Member of the Task Force also spoke in favor. Ms. Quimby indicated that the State of Maine's Growth Management Law requires that Comprehensive Plans contain inventories of significant or critical natural resources and unique natural areas; and, that the Comprehensive Plan define policies to protect those areas. Ms. Quimby said that this is where the planning is supposed to begin. To help us with that, the State Planning Office along with other agencies including the Maine Department of Inland Fisheries and Wildlife, the Maine Natural Areas Program, the Maine Audubon Society, U.S. Fish & Wildlife, the Maine Cooperative Fish and Wildlife Unit, Southern Maine Regional Planning Commission, the Nature Conservancy and the Wells National Estuary Research Reserve came up with the Program called Beginning with Habitat. They did a presentation here a couple of years ago and they would be delighted to present again, if asked. Ms. Quimby indicated that they are willing to provide all of technical assistance that municipalities need in order to adopt this planning approach. When the Task Force began its deliberations, the Bangor Land Trust asked Maine Audubon to create the Penjajawoc Marsh Conservation Plan so that the Land Trust would have information on the best available scientific data. SR Weiner one of the major developers in the Mall Area split the cost of this with the Land Trust because they, too, recognized that they had an interest in understanding the conservation values of the area. Ms. Quimby discussed the process of the Task Force and the City’s hiring Jonathan Reitmann to facilitate this process. She noted that development was at a standstill after the Wal-Mart project, and now developers are working on a timeframe and need to know sooner or later what criteria they will be working under. Ms. Quimby indicated that the Task Force’s Final Report is positive and that the City can manage their natural resources while allowing for development. Suzanne Kelly, 380 French Street, said that she supports adding the Task Force’s Report in its entirety. She said that this has been a long, careful process, an excellent cross-section of community members, and a great effort by the City. Ms. Kelly said that this is a landmark approach to resolving community issues. George Elliot, 106 Balsam Drive, indicated that the Bangor Mall/Penjajawoc Area is of particular interest and the Planning Board has a great opportunity before them. The Task Force Report is an effort done by people who put in a great deal of time and effort into this and it is a really good solution and plan for an area. Mr. Elliot indicated that this is a great opportunity and he highly recommend that the Board accept the Final Report of the Committee and include it into the Comprehensive Plan. 4 Mr. King indicated that Ms. Quimby had shown other reports that somehow affected the Final Report of the Task Force. In the Planning Elements dealing with natural resources, the work that was done by the consultant documented all of the reports that they gathered. Mr. King felt that he would find it helpful and he asked if there was any discussion about adding those reports to the Task Force’s Final Report as a list for future reference. He indicated that he would not like to see those documents lost. Ms. Quimby said that in their excitement in getting to a conclusion that they did not talk about footnoting and documenting. She said that the Bangor Land Trust would be glad to have these footnoted and made a part of the supporting documentation if that is what the Board would like to do. The Audubon Report drew upon many of the same agencies as those in the Beginning with Habitat Consortium. Mr. Ring noted that in developing the Final Report of the Task Force it produced a series of recommendations. The Audubon Study was very valuable and useful in facilitating their discussions and in formulating the final recommendations within the Final Report. The Task Force recently had a discussion about citing some of the other documents in an inventory as it is an integral part of the Report. Mr. Ring said that he felt that it would be very appropriate to mention or footnote in the appropriate sections of the Comprehensive Plan. No one spoke in opposition. Vice Chairman Wheeler opened up the discussion to the Board. There being none, Vice Chairman Wheeler asked if the Board wished to vote or delay the vote to another meeting. He asked if the Board did not vote, if the notice would need to be published again 30 days in advance. Acting Planning Officer Gould indicated that notice was provided that the Board would consider this document 30 days from the date that the notice was published. This report was made available to the public during normal business hours for all 30 days. If you want to change that then the process will need to be done again. In terms of the timeframe that the Board makes a decision, the Board has opened the public hearing and has held the public hearing. If the Board wishes to continue this to the next meeting that is an option that the Board has. Comprehensive planning falls under the guidelines of the Growth Management Act and has some regulator pieces to it. The City of Bangor also has a City Charter that deals with the Comprehensive Plan. Sometimes those two don’t dovetail exactly. The Growth Management Act lays out some specific guidelines as to how comprehensive plans get adopted and the City’s Charter has a little bit of a different process. In some instances the City Council would do a Council Resolve that would indicate that the Planning Board has a specified number of days in which to report back to the City Council. That has not occurred yet. The Planning Board is taking this issue proactively and is not 5 under any specific timeframe in terms of their recommendation. The Board is free to continue this hearing and the discussion to a subsequent date. Mr. Wheeler indicated that this would mean that others who were not present could make comments and statements heard at a later meeting. Mr. Wheeler asked if anyone wished to move to continue this to the Board’s next meeting in order for the absent Chairman to have the opportunity to review the statements made. Mr. Wheeler indicated that he would also ask that Staff provide a summary of the comments made by individuals who spoke. Mr. Rosenblatt discussed the voting provisions of the Planning Board By- Laws and the City’s Charter regarding closing the public hearing and voting on the Comprehensive Plan Amendment. He noted that Assistant City Solicitor John Hamer indicated that given that there are five regular members and 1 alternate member a positive vote of four would be required to approve an amendment to the Comprehensive Plan. Mr. Rosenblatt felt that it would be appropriate to close the Public Hearing and to defer the vote on this issue. Mr. Rosenblatt then moved to close the Public Hearing. Mr. King seconded the motion. The Board voted five in favor and none opposed to the motion to close the public hearing. Vice Chairman Wheeler asked for a motion to continue this item. Mr. Rosenblatt moved to continue this item to the next meeting or the next meeting when all Board Members were present and voting. Mr. King seconded the motion. The motion passed unanimously.