HomeMy WebLinkAbout2005-06-20 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JUNE 21, 2005
MINUTES
Board Members Present: Robert Guerette, Chairman
Harold Wheeler
David Clark
Ryan King
Nathaniel Rosenblatt
Jonathan Siegel
News Media Present: Bangor Daily News
WVII – TV 7
City Staff Present: David Gould
James Ring
Peter Witham
Lynn Johnson
Chairman Guerette called the meeting to order at 7:00 p.m.
CONSENT AGENDA
As no one wished to remove the item for discussion, Chairman Guerette
asked for a motion. Mr. Wheeler moved to approve the Consent Agenda. Mr.
Rosenblatt seconded the motion. The Board voted 5 in favor and 0 opposed to
the motion approving the Consent Agenda. The item approved is as follows:
Item No. 1: Final Subdivision Plan Revision approval and Site
Location of Development Act Modification approval to
increase the subdivision area, increase the size of 9
lots and eliminate 2 lots along Virginia Lane, and to
reconfigure an approved detention pond in the
existing Rolling Meadow Estates Subdivision located
off of Mt. Hope Avenue in a Low Density Residential
District. Hampden Home Builders, applicant.
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PUBLIC HEARINGS
Item No. 2: Conditional Use/Site Development Plan approval to
construct a 3,400 sq. ft. building consisting of 2,800
sq. ft. for auto service use and 600 sq. ft. for ice
cream and coffee shop use located at 541 Maine
Avenue in a Shopping and Personal Service District.
Bangor Radiator and Service Center, LLC, applicant.
Chairman Guerette asked for comments from the applicant. Andrew
Hamilton, Esq. of the firm Eaton Peabody, represented the applicant. Michael
and Tammy Cormier were also present to answer questions of the Board. Mr.
Hamilton explained that the applicant’s present site will become part of the new
Police Department development located at Main and Cedar Streets. The
applicant plans to relocate to 541 Maine Avenue and construct a 3,400 sq. ft.
building for auto service use and for an ice cream and coffee shop use in a
Shopping and Personal Service District.
Mr. Hamilton discussed how this use meets the four standard conditional
use standards, as well as, the specific conditional use standards of the Shopping
and Personal Service District. Regarding Standard No. 4 as to the conformity of
the project with the architectural design of other uses in the neighborhood, Mr.
Hamilton distributed an aerial photo and discussed the uses in this area that
include, the two Eremita & Valley office buildings, the Merrill Merchants branch
bank building, the adjacent recycling facility and City’s bus facility, and the City’s
Public Works facility. He also noted that General Electric (GE), Maine Public
Broadcasting Company and the University of Maine were all in this area. Mr.
Hamilton indicated that the neighboring GE plant and Turbine Specialists on
Florida Avenue have flat roofs and other structures in the area include the
warehouse component of the recycling facility, and two propane tanks next to
the Eremita & Valley buildings. Mr. Hamilton showed the Board two building
elevations and indicated that the proposed building would be a quality building.
Mr. Hamilton indicated that all of the conditional use standards have been met.
Mr. Rosenblatt asked if there is a queuing plan and how cars will move on
the property. Mr. Mike Cormier, the applicant, indicated that the first bay will be
a quick lube drive-thru. Vehicles will enter on Maine Avenue and exit on the
regular parking lot side. He indicated that he did not believe that there would
be any cars queued up to enter the building as customers will come in and park
their cars and the employees will then move the vehicles into the building.
Mr. King asked if the applicant planned to keep any of the architectural
features of the current Bangor Radiator building at the new site. Mr. Hamilton
indicated that the signs would be preserved.
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No one spoke in opposition. Chairman Guerette closed the Public Hearing
and asked for Staff comments. Acting Planning Officer Gould explained that the
application before the Board is for conditional use and site development plan
approval to construct a 3,400-sq. ft. building primarily for retail auto service use.
The Land Development Code singles out these types of uses in this District to
insure that the layout and design of the site is adequate for the typical operation,
and, that the site has sufficient space on-site for queuing and space for cars
waiting for service. Mr. Gould indicated that the Site Development Plan provides
the required four queuing spaces for the drive-thru aspect of this application.
The applicant is also proposing to utilize 600-sq. ft. for an 24-seat, walk-in and
sit down, ice cream and coffee shop use.
Mr. Gould explained that there are four standard conditional use standards
in the Land Development Code that must be met for all conditional use requests.
The applicant has demonstrated that the proposal meets those standards in that
there will not be any unreasonable traffic congestion, and the operation of the
use will be adequately supported by utilities, public sewer, and water. Mr. Gould
indicated that the Board needs to make a determination as to whether the
building is in keeping with the architectural character of the other buildings in
this area in regard to general type and form. Mr. Gould noted that because this
site is within the Bangor International Airport, the applicant will also need to
obtain Site Location of Development Act Modification approval. Staff
recommended approval of the Conditional Use request, as well as, approval of
the Site Development Plan as the plan submitted meets the Site Development
Plan submittal requirements of the Land Development Code.
Mr. King asked if the Board should grant approval of the conditional use
and site development with conditions because the applicant also needs Site
Location of Development Act approval. Mr. Gould indicated that because the
applicant needs to obtain both approvals it was not necessary to condition
approval of the conditional use and site development plan. Mr. Gould noted that
the Board needed to make a motion on both applications.
Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve
the Conditional Use at 541 Maine Avenue for Bangor Radiator Service Center,
LLC, applicant. Mr. Wheeler seconded the motion. The Board voted 5 to 0 in
favor of the motion. Mr. Rosenblatt moved to approve the Site Development
Plan at 541 Maine Avenue, Bangor Radiator Service Center, LLC, applicant. Mr.
Wheeler seconded the motion, which also passed unanimously.
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Item No. 3: To amend the Land Development Code by changing
parcels of land located at 729, 731, 735, 739, 743,
and 759 Broadway and a portion of 58V Hillside
Avenue from High Density Residential District and
Contract Government and Institutional Service
District to Contract Shopping and Personal Service
District. Said parcels containing approximately 4.85
acres. Varnbro Inc., Atlantic Investments, Inc.,
Broadway Dental Associates, P.A., John Tozer and
Laura Reidy, and Varnbro Corporation, applicants.
C.O. # 05-202.
Chairman Guerette opened the Public Hearing and asked for a
presentation from the applicant. Andrew Hamilton, Esq., representing the
applicant, explained that this is a request for a Contract Zone Change for
properties located on Broadway and Hillside Avenue. He noted that this item
was previously before the Board as a straight zone change request. At that time,
City Staff felt that the applicant needed to be sensitive to the fact that this zone
change is in a transition area (with commercial zoning and residential zoning)
and the applicant withdrew the application.
Mr. Hamilton explained that this property is immediately adjacent to the
Rite Aid store and consists of the Broadway Dental lot, and a vacant property
between the two properties and two house lots. The applicant is proposing a
stepped contract zone change that offers more restrictions on the property
abutting the residential property going out Broadway than the property that
abuts the Rite Aid parcel towards School Street.
Mr. Hamilton discussed the proposed contract zone change conditions and
indicated that they will provide a transition between the commercial and
residential uses. He also noted that a contract zone change must meet the four
mandatory conditions under Section 165-7 of the Land Development Code in that
it must: (1) be consistent with the Comprehensive Plan; (2) be consistent with
the existing uses in the area and permitted uses within the original district; (3)
only include conditions and restrictions which relate to the physical development
or operation of the property and not its land use; and (4) be subject to the
contract agreement.
Mr. Hamilton discussed the existing uses along Broadway and Hillside
Avenue and distributed copies of an aerial photo depicting these uses. Along
Broadway across the street is Broadway Hardware, Subway, Walls Electronic
Store, Ross Manor and next door, the Rite Aid store. He also discussed the
existing uses along Hillside Avenue that include The Skate Scene Recreation
Center, the AT&T building, T.J. Lynch Flooring, Modern Screen Print and the
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Amicus building. He noted that all of the buildings along Hillside Avenue had low
pitched roofs and the Amicus building and the Ross Manor buildings were single-
story with a hip roof.
Mr. Hamilton indicated that the proposed zone change is consistent with
the City’s Comprehensive Plan Zoning Policy Map as there is a transition
occurring in this portion of Broadway. Mr. Hamilton indicated that it was the
applicants intent to align the entrance to this development with Husson Avenue.
Mr. Hamilton distributed copies of language within the Hampden Ordinance as an
example of architectural standards for buildings indicating that he had discussed
this with Mr. Gould who suggested these standards as an example.
Mr. Hamilton discussed the proposed contract zone change conditions. He
indicated that the proposed contract conditions address: access management
and traffic issues on Broadway; blending the development on this side of
Broadway with the residential uses on the out-of-town side; limiting the side to
one curb cut onto Broadway with no direct thru traffic from Hillside Avenue to
Broadway; prohibiting retail fuel storage tanks or garage facilities and
warehousing; prohibiting enclosed entertainment or recreation facilities, and
providing for buffers.
Mr. Hamilton explained that there are nine contract conditions for the
entire parcel (Map R-41, Lots 18, 19A, 19B, 19C, 19D, 20 and a portion of 22A)
with two specific restrictions regarding Lot 18. The two specific conditions would
prohibit drive-thru windows or illuminated signage on the property. The principal
use structures shall be constructed with: 1) a roof form and pitch compatible
with adjacent structures north of the subject property, and (2) that the exterior
siding is brick or masonry, wood siding, wood shingles, aluminum or vinyl siding
simulating a clapboard pattern or hardboard siding.
Mr. Rosenblatt asked what is currently on the property. Mr. Hamilton
indicated that on Lot 20 there is a vacant abandoned house, 743 Broadway is
Broadway Dental, Lot 18 has a house on it, 765 Broadway has a house on it, to
the rear of the Rite Aid property is a vacant house with a garage owned by Mr.
Varney, and the remaining land is vacant land.
Mr. Clark noted that the Staff Memorandum indicates future use of this
parcel for a possible bank, drive-thru fast food restaurant and a dentist’s office.
Mr. Clark asked if these uses were being proposed in one building or if they
would be in buildings scattered throughout the site. Mr. Hamilton showed the
Board a preliminary concept of what the applicant is proposing. That concept
indicates that there would be several smaller buildings.
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Mr. King indicated that the contract conditions appeared to be the
conditional uses for the General Commercial and Service District in the Land
Development Code. Mr. Hamilton indicated that the full range of permitted and
conditional uses were being proposed and the conditions were designed to
mitigate the physical operation of the site and not to regulate land use.
Mr. Siegel asked about the proposed access to this site and expressed his
concern about a direct access to Broadway thru to Hillside Avenue. Mr. Hamilton
indicated that as part of the contract zone change conditions, there be no thru-
access on this site, however, there would be a drive-way that would extend to
the rear of the property. Mr. Hamilton indicated that this issue would be
addressed at the time of site development plan review.
Mr. King was concerned about the proposed building bulk. Mr. Hamilton
indicated that the applicant would be willing to commit to a building bulk of 0.4
and added that a floor area ratio of .4 limitation appears in the Contract Zone
Change for the Broadway Dental property. Mr. Hamilton indicated that this is a
reasonably tight bulk standard but the applicant would commit to a 0.4
limitation.
Chairman Guerette then asked for other proponents, there being none, he
asked for opponents. No one spoke in opposition, Chairman Guerette closed the
Public Hearing and asked for comments from Staff. Acting Planning Officer
Gould explained that the applicants, Varnbro, Inc., Atlantic Investments, Inc.,
Broadway Dental Associates, PA, John Tozer and Laura Reidy, and Varnbro
Corporation, request a zone change and Land Development Code Map
Amendment for seven parcels of land totaling 4.85 acres from High Density
Residential District (HDR) and Contract Government and Institutional Service
District (G&ISD) to Contract Shopping and Personal Service District (S&PS) at
729, 731, 735, 739, 743, and 759 Broadway and a portion of 58 Hillside Avenue.
Mr. Gould indicated that in May, the applicant had applied for a zone change for
this parcel and at the time, Staff reviewed this application and recommended
that this was inconsistent with the Comprehensive Plan. Mr. Gould noted that for
many years, Staff looked at this property as the dividing line on Broadway
between the commercial use of M.L. Coffin, now the Rite Aid site, and the
residential uses further out Broadway. Mr. Gould indicated that there are two
levels of decision that the Board needs to think about those being the City’s
Comprehensive Plan Land Use Policy for this area (School Street, Hillside Avenue,
Broadway and Grandview Avenue). The Land Use Policy for this area is for low
density use and is zoned predominantly high density residential. There are two
Government and Institutional Service District parcels within the block. Staff tried
to direct the applicant to deal with a number of issues including: limiting the
intensity of the development, buffering this property from adjacent properties;
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controlling traffic and access at this location; and controlling the development
intensity.
Mr. Wheeler asked what notification was given to abutting property
owners and how many notices were sent. Mr. Gould indicated that Staff used
the same standards that are used for all zone change requests that the abutters
within 100 feet of the area are to be notified. Mr. Gould indicated that 15
notices were mailed.
Mr. Rosenblatt indicated that because when this last appeared as a
straight zone change the Planning Office reached a conclusion that it was not
consistent with the Comprehensive Plan, that he had trouble thinking that the
contract zone change is consistent with Comprehensive Plan, as well. Mr. Gould
indicated that Staff looked at the actions of the Board and the City Council in the
1990’s when contract zone changes were approved for Broadway Dental and
Amicus site on Hillside Avenue. Both of these applications, with similar
circumstances were found to be consistent. A straight zone change to Shopping
and Personal Service District would not be appropriate for this location
Mr. Siegel was concerned that the location of a fast food restaurant at this
site would create traffic problems from the high school. Mr. Hamilton indicated
that that would be discussed at the time of the site development plan. He noted
that the contract conditions indicate that there would not be a drive-thru use on
the northerly portion of this lot next to the residential uses. The applicant wants
to preserve some economic opportunity for food service. He added that the
applicant would be agreeable to adding the four architectural standards as in the
Hampden Ordinance.
Chairman Guerette said that this area is somewhat of an island with
both residential and commercial uses. One of the things that the Board has
learned is that people want to preserve neighborhoods. He indicated that he
liked the proposal except for the first 150 feet being available for a business to
be open to 11:00 or 12:00, having outdoor lighting, and potentially being a high
traffic generator. The dental office was required to maintain a residential
character as one of the contract zone change conditions and he felt that this was
the same kind of issue.
Mr. King indicated that he would be in favor of seeing the two items be
added regarding the maximum floor ratio being .4 and the other to adopt the
more restrictive conditions beyond Lot 18 further up Broadway. Mr. King
indicated that he would like to see those more restrictive conditions extended for
the entire lot.
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Chairman Guerette felt that the boundary needed to be specific. Mr.
Hamilton suggested the common property line from Rite Aid out Broadway lining
up with the existing drive-way (250 feet).
Mr. Wheeler said that he was not comfortable with this because the Staff
recommendation for approval was given with some misgivings. Mr. Gould
indicated that it was not the intent to suggest misgivings. Staff suggested that
the final language be addressed to clarify the standards for roof form because
Staff felt that as written, it would be unclear to people in the future as to how to
interpret those standards. The recommendation was to leave the Board open for
dialogue and discussion.
Acting Planning Officer Gould also indicated that if the Board were to
amend the contract zone change conditions, then the Board would need to make
it clear that they do not support the original proposal but would support an
amended version of that proposal. In order to do so, the Board needed to make
a recommendation on the original Council Ordinance. Then the Board could
make a motion to recommend an amended version of the Council Ordinance.
Mr. King suggested amending the original application for a building bulk
limitation of a floor area ratio of .4, and expanding the more restrictive
conditions on Lot 18 up Broadway 250 feet from the Rite Aid property.
Chairman Guerette expressed his concern over the potential for a
restaurant or a fast food restaurant could be constructed on this site. Mr.
Hamilton indicated that there would be no drive-thru on the outer portion of the
property closest to Grandview Avenue.
Mr. Jim Ring discussed with the Board the procedures for dealing with an
amendment to the Council Ordinance. First, the Board needs to deal with the
Council Ordinance as presented. Then the Board can vote to amend the Council
Ordinance and that recommendation would then be forwarded to the City Council
as an amendment by substitution and ultimately considered by the City Council.
Mr. Rosenblatt moved to recommend to the City Council approval of the
contract zone change contained in C.O. # 05-202. Mr. Wheeler seconded the
motion. The Board voted none in favor and five opposed to the motion
recommending C.O. # 05-202. Mr. King moved to amend C.O. # 05-202 by
adding the conditions that the maximum floor area ratio be .4 and that the
specific restrictions regarding Lot 18 be extended to 250 feet from the in-town
property line of Rite Aid. Mr. Clark seconded the motion. The Board voted 3 in
favor and to 2 opposed to recommended C.O. # 05-202(As Amended).
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NEW BUSINESS
Item No. 5: Site Development Plan Approval for construction of a
new 29,385 sq. ft. Police Station, renovation of
12,749 sq. ft. of existing building for Police Station
Use, and common site developments including
existing and proposed parking, buffers, drives and
walks for three applicant parcels in a common
Planned Group Development located at 240 Main
Street and 9 May Street in a Downtown Development
District. City of Bangor/Merrill Merchants/Hayward
Properties, applicants.
Chief of Police, Don Winslow, spoke in favor of the proposed site plan. He
indicated that this is the site for the new Police Station. The plans were to
renovate an existing building on the site, construct a three-story office structure
for office space, a dispatch center, training space, administration offices, offices
for detectives, and for operations control.
Mr. Rob Frank of WBRC, discussed the Site Development Plan and the
request for a Planned Group development. Mr. Frank pointed out the location of
parking spaces, access and proposed buffers and indicated that the site
development plan as presented met the requirements of the Downtown
Development District as well as the requirements for site development plan
submittal. Mr. Frank said that the Planning Group Development would take this
block and make it work better for all three parties.
Mr. Siegel asked if it was sensible not to have direct access onto Main
Street. Mr. Frank explained that with the access off of Summer Street it would
greatly improve staging out into the community.
Acting Planning Officer Gould told the Board that the applicants, City of
Bangor, Merrill Merchants Bank, and Hayward Properties, are requesting Site
Development Plan approval to construct a new 29,385 sq. ft. Police Station,
renovate a 12,749 sq. ft. building for Police Station Use, and common site
developments including existing and proposed parking, buffers, drives and walks
all in a common Planned Group Development for the three applicants’ parcels
located at 232 Main Street, 240 Main Street, and 9 May Street in a Downtown
Development District. Mr. Gould explained the site development plan indicating
that the proposal meets all of the submittal requirements with the exception of a
signed Planning Group Development agreement. Mr. Gould noted that this is a
typical downtown site and the applicants have done a very good job meeting
buffer requirements as there is not much space to spare on this development.
Mr. Gould noted that the applicants have not provided an executed Planned
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Group Development Agreement and suggested that the Planning Board condition
their approval upon the Planning Office receiving a copy of that Agreement when
executed by all parties prior to the issuance of a building permit.
Mr. Rosenblatt moved to grant both site development plan and Planned
Group Development plan approval for the project located on May Street and
Main Street City of Bangor, Merrill Merchants Bank and Haymarket Associates
with the condition that the Planning Office receive a copy of the signed Planned
Group Development Agreement prior to the issuance of a building permit. Mr.
Wheeler seconded the motion. The Board voted 5 in favor and 0 opposed to the
motion for approval.
Item No. 6: Site Development Plan approval for a Planned Group
Development and construction of a new 28,979 sq. ft.
office building and site developments including
proposed parking, buffers, drives, walks, and utilities
located at 931 Union Street in a General Commercial
and Service District and Shopping and Personal
Service District. City of Bangor/Eastern Maine
Healthcare Systems/Affiliated Healthcare Systems,
applicants.
Mr. Rosenblatt asked to recuse himself from consideration of this item as
the applicant is a current client of his office. Mr. Wheeler moved to excuse Mr.
Rosenblatt from voting. Mr. Clark seconded the motion. The motion passed
unanimously. Mr. Siegel was asked to vote.
Mr. Rob Frank of WBRC spoke in favor of this application. Mr. Frank
noted that Mr. Miles Theeman, Mr. Brian Donohue, Mr. Pat Taber, of Affiliated
Healthcare Systems and Eastern Maine Healthcare, and Mr. Jim Manzer and Mr.
John Theriault of Ames A/E were present at the meeting.
Mr. Frank explained that this parcel was before the Board on May 3, 2005
for a zone change from Government and Institutional Service District to
Shopping and Personal Service District. The applicants are requesting Site
Development Plan approval and Planned Group Development approval for this
parcel leased from the City to Affiliated Healthcare Systems, the vacant parcel to
the rear of this parcel retained by the City of Bangor, and the Eastern Maine
Healthcare Systems parcel (Eastern Maine Healthcare Mall).
Mr. Frank discussed the Site Development Plan indicating that Affiliated
Healthcare Systems is proposing to construct a one-story building for an
ambulance facility and construction of a 3-story building for office space use.
The site development plan, as submitted, meets the requirements of the District,
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the requirements for planned group development approval, and the requirements
for site plan submittal.
Chairman Guerette indicated his concern about another driveway onto
Union Street especially so close to the large parking lot at the Healthcare Mall.
Mr. Frank said that the applicants are proposing to line the curb cut up with the
Exxon Car Wash site across Union Street.
Mr. John Theriault, of Ames A/E, explained that at this time, because of
the size of the existing site, the traffic generation is not high enough to warrant
a traffic signal at that location. However, because of this proposal, and the
increase in traffic volumes, it now warrants a traffic signal. Plans are to relocate
the main entrance to the Healthcare Mall. The ambulance facility will have an
overriding signal and the light for the entrance will turn green for an easy exit.
Mr. King asked when the existing entrance will be closed and if the
applicant proposed to close the existing curb cut. Mr. Theriault indicated that
the applicant is hoping to do that this year and is doing things concurrently
trying to have a traffic signal installed this year to accommodate the traffic. Mr.
Theriault said that when the signal and the interconnection of these lots takes
place then the southern entrance will be closed but the service entrance will
remain open.
Acting Planning Officer Gould indicated that the applicants, the City of
Bangor, Eastern Maine Healthcare Systems (EMHS)/Affiliated Healthcare Systems
(AHS), request Site Development Plan approval for a Planned Group
Development (PGD) and construction of a new 28,979 sq. ft. office building and
site developments including proposed parking, buffers, drives, walks, and utilities
located at 931 Union Street in a Shopping and Personal Service District. The City,
who will retain the rear portion of the Affiliated Healthcare Systems site,
Affiliated Healthcare Systems, and Eastern Maine Healthcare Systems plan to
enter into a Planned Group Development (PGD) to allow certain elements of the
site development to cross over properties. The PGD provisions of Section 165-69
allow multiple owners to seek site development plan approval as if it were
developed under a single ownership. Typical internal lot line setbacks and buffer
yards are eased or eliminated when the various parties develop the property
under a common scheme.
Mr. Gould indicated that the Planning Staff finds the overall plan
consistent with the provisions of the Shopping and Personal Service District and
the requirements for Site Development Plan Approval. The building will be
served by a full range of utility services; sewer, water, electrical, and telephone
connections. The plans do include a new detention pond that will be connected
to the City’s existing stormwater system in Union Street. All the proposed
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parking will be screened by a minimum “B” buffer. The side yard will be an “A”
Buffer and the rear portion of the site (undeveloped) will retain its existing
vegetation. The site will be well lit with standard shoebox style lights. While
the elements of the PGD seem somewhat unnecessary at this point it is the
Planning Staff’s understanding that a future plan indicating the interconnection of
this site to the EMHS site will demonstrate the need for the PGD. Mr. Gould
noted that all of the documents for the lease, and the Planned Group
Development have been signed and copies have been provided to the Planning
Office. Staff recommended that the Planning Board grant Site Development Plan
and Planned Group Development approval as the submittals meet the
requirements of the District as well as those for site plan submission.
Mr. King noted a letter forwarded to the Planning Board from Mr. Benjie
Grant who expressed his concerns about future access and signalization and how
it might affect the access to his abutting property.
Mr. Siegel moved to approve the Site Development Plan at 931 Union
Street and to approve the Planned Group Development. Mr. Wheeler seconded
the motion. The Board voted 5 in favor and 0 opposed to the motion for
approval.
APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes
Chairman Guerette indicated that the May 17, 2005 Meeting Minutes
needed Planning Board approval. Mr. Wheeler moved to approve the Minutes of
the May 17, 2005 Meeting. Mr. Rosenblatt seconded the motion. The Board
voted 5 in favor and 0 opposed to the motion for approval.
Other Business
Chairman Guerette requested that following the Board meetings if there
are any questions on the actions either taken or being asked to be taken that the
Board discuss them in an open forum. In this way, a request can be made of the
City Solicitor to guide the Board through issues.
Chairman Guerette also discussed the Final Report of the Penjajawoc
Marsh/Bangor Mall Task Force. He noted that some Members have expressed an
interest or desire to show the Board’s consensus with the Final Report and to
make a positive statement in regard to this document with all of its concepts to
be incorporated into the Comprehensive Plan. Chairman Guerette indicated that
if that were the desire, then the Board needed to hold a special public hearing
with a 30-day notice prior to the meeting to present those issues and changes.
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He indicated that the City Council has already given the Final Report its approval
and he felt that there is a certain amount of eagerness in the municipality that it
be incorporated into the Comprehensive Plan in an official manner as soon as
possible. Chairman Guerette indicated that this is to make it clear to developers
or people having development plans in the works what the guidelines are in this
area of the City.
Mr. Wheeler indicated that any action by the Planning Board is,
essentially, symbolic as this task force was created by the City Council and the
Final Report has been submitted to and approved by the City Council. Secondly,
Mr. Wheeler indicated that he had a concern regarding the Final Report
recommendation that a land management commission be established. He
indicated that he planned to appear before the City Council as an individual to
suggest that the term “commission” might be replaced by the words “advisory
committee.” The term commission implies specific authority whereas advisory
committee does not.
Chairman Guerette indicated that he was not prepared to craft or suggest
language for such a proposal or motion and said he is looking for guidance as to
how appropriate, how soon, and in what form the Board should be entertaining
this whole subject. Mr. Jim Ring, City Engineer, indicated that it would be
meaningful to incorporate this Final Report into the Comprehensive Plan and
over time it will require amendments to the Land Development Code to
implement the recommendations of the Task Force. The Task Force is comprised
of a diverse group of people who were brought together to resolve a very
difficult issue. The basic concern is that if and when a party comes forward with
a proposal that is inconsistent with the Task Force’s Report but is consistent with
the Comprehensive Plan it will create major problems. If the Task Force’s Final
Report is made an element of the Comprehensive Plan then this problem is
alleviated.
Mr. Ring indicated that if the Board accepts and supports the Task Force’s
recommendation, then the Board can direct the Staff to take the necessary steps
to formalize and implement these changes into the Land Development Code, as
appropriate. Further, Mr. Ring said that it is clearly the City’s intent that such
changes, as recommended by this report, be retroactive to projects that come in
in the interim. In regard to Mr. Wheeler’s concern, Mr. Ring indicated that this
could be referred to the City Solicitors’ Office for an opinion. Mr. Wheeler
noted that he had discussed his concern with the Assistant City Solicitor.
Mr. Wheeler moved to direct the Planning Staff to undertake the
necessary details to bring this issue as a Public Hearing before the Planning
Board. Mr. Rosenblatt seconded the motion. Chairman Guerette asked if the
Public Hearing would be held during a regularly scheduled meeting or a special
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meeting. Mr. Gould indicated that it would be held during a regularly scheduled
meeting.
Mr. King said that he would doubt the motion because he felt that there is
a lot of detailed information to come to grasp with to really understand what the
issues are. He indicated that he would feel more comfortable further down in
the Comprehensive Plan Update process after assessing that quadrant before the
Board deals with this issue. Chairman Guerette then asked for a vote. The
Board voted 3 in favor and 2 opposed to the motion.
Mr. King added that he would like more clarification as to the role of the
advisory group noting that while reviewing and commenting on commercial and
residential development early in the process for environmental issues is
important some issues are very important to be held at the Planning Board level.
Chairman Guerette expressed his concern about the role of the advisory group
and whether the Planning Board would be compelled to accept information from
this group as part of the Comprehensive Plan.
Mr. Ring indicated that the comprehensive plan land use issues are issues
for the Planning Board. The whole goal of this management group is to assure
that interested parties meet early in the process to work out some of those
issues that result in very lengthy discussions. The intent is for this group to
review and provide the Board with additional information that may have been
raised before a formal site plan is presented to the Board. He indicated that he
did not see how the Board’s review would change.
Mr. Wheeler indicated that he did not share Mr. Ring’s review of this and
he felt that it was not clear cut. He said that the term “commission” is really
unsettling to him because it could enlarge the scope of the responsibilities and
powers or rights over time. Mr. Wheeler felt that this would create an additional
layer in the process of the land use procedure and approvals. Mr. Wheeler
indicated that he did not want the Planning Board to rush into this.
Chairman Guerette noted that the next workshop meeting is scheduled for
th
Tuesday, June 28 and the Board will be finishing up on the discussion of the
Economic Development Element. At that time, it might be prudent for the Board
to revisit how well the review is going and whether the format of review is still
productive.
There being no further items for discussion, the meeting was adjourned at
9:58 p.m.