HomeMy WebLinkAbout2005-05-03 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF MAY 3, 2005
MINUTES
Board Members Present: Robert Guerette, Chairman
Ryan King
David Clark
Nathaniel Rosenblatt
Hal Wheeler
Jonathan Siegel
Laura Mitchell
City Staff Present: David Gould
Peter Witham
Rodney McKay
Lynn Johnson
News Media Present: Bangor Daily News
Chairman Guerette called the meeting to order at 7:00 p.m.
CONSENT AGENDA
Chairman Guerette asked if anyone wished to remove any of the items
from the Consent Agenda for discussion. As no one wished to do so, Chairman
Guerette asked for a motion. Mr. Wheeler moved to approve the Consent
Agenda. The motion was seconded by Mr. Clark. The Board voted five in favor
and none opposed to the motion approving the Consent Agenda. The items
approved are as follows:
Item No. 1: Request for extension of the completion date for
construction of an 8,250-square foot addition to the
existing maintenance building located at 92 Hayes
Street in an Airport Development District. Maine
Army National Guard, applicant.
2
Item No. 2: Site Development Plan approval to construct a 1,000-
square foot addition to the existing maintenance
building at 133 Davis Road in a Government and
Institutional Service District for carpentry and
appliance storage.
Item No. 3: Site Development Plan approval to construct a
12,000 square foot building at 45V BanAir Road in an
Urban Industry District.
PUBLIC HEARINGS
Item No. 4: To amend the Land Development Code by changing a
parcel of land located at 300 Perry Road from
Industry and Service District to Contract Urban
Industry District. Said parcel containing
approximately 3.25 acres. Masonic Temple
Association, applicant. C.O. # 05-135.
Chairman Guerette opened the Public Hearing and noted that proponents
would be asked to speak first, followed by opponents, and then Staff.
Mr. Wheeler indicated that he is not a Mason but that his brother is a 33rd
degree Mason. He asked for a ruling on whether or not the Board felt that he
has a conflict. It was the consensus of the Board that Mr. Wheeler does not
have a conflict of interest.
Chairman Guerette then asked for comments from the applicant. Mr. Guy
Chapman, a Mason and a Shriner, represented the Masonic Temple Association.
Mr. Chapman explained that on January 15, 2004, the Masonic Temple, then
located on Main Street, was lost in a fire. Since that time the Masonic Temple
has negotiated a sale of its land on Main Street as well as with this Perry Road
site. Mr. Chapman noted that it was their intention to build a new one or two-
story building that would house both the Learning Center and various York and
Scottish Rites. Also, offices for the Demolay officers would be housed within this
building. Mr. Chapman explained that the reason that they are applying for a
Contract Zone Change is that the current Industry and Service District does not
permit a fraternal organization use in the district. On the advice of City Staff,
the contract conditions were proposed to include all of the restrictions and
setbacks within the Industry and Service District.
Mr. David Moyse, an abutting property owner, indicated that he was in
favor of the proposed contract zone change. He indicated that he thought that
this would fit well into this area.
3
Attorney Ray Bradford, a mason and representing the Masonic Temple
Association, explained the process the applicant has gone through in its effort to
find a suitable site to relocate to. Attorney Bradford indicated that he felt that
the contract zone change request was appropriate both to preserve the
character of the area and also to provide something that would look good for
the City as well.
No one spoke in opposition. The Chairman closed the Public Hearing and
asked for Staff comments. Acting Planning Officer Gould indicated that this was
an application for a contract zone change request for a 3.2-acre parcel located
on Perry Road from Industry and Service District to Contract Urban Industry
District. The parcel is presently vacant and is located in close proximity to the
Cole Transportation Museum. This area of Perry Road and Farm Road is in the
Bangor Industrial Park and is designated for industrial uses. The issue of
compatibility is straight forward. The real question of zoning policy is should
Urban Industry zoning fit in a place where there is an Industry and Service
District. This application provides for the development standards of the Industry
and Service District through a Contract Zone Change request. The applicant
proposes to apply the Industry and Service District development standards to the
Urban Industry District while allowing them to use the property for an Urban
Industry use (fraternal organization). Mr. Gould indicated that the proposal as
presented, is consistent with The City’s Land Use Policy and also consistent with
the other uses in the Industry and Service District. Mr. Gould indicated that Staff
feels that this request is consistent with the standards for granting a contract
zone change and recommended that the Planning Board make a positive
recommendation to the City Council.
Chairman Guerette asked for a motion. Mr. Clark moved to recommend to
the City Council that the Contract Zone Change request for 300 Perry Road for
the Masonic Temple Association as contained in C.O. # 05-135 be approved.
The motion was seconded, and the Board voted 5 in favor and none opposed to
the motion recommending approval of C.O. # 05-135.
Item No. 5: To amend the Land Development Code by changing a
parcel of land located at 34 Perry Road from Industry
and Service District to Urban Industry District. Said
parcel containing approximately 4.57 acres. Perry
Road, LLC, applicant. C.O. # 05-136.
Chairman Guerette opened the Public Hearing and asked for proponents.
Mr. Wayne Nason, representing the applicant, explained that he was in the
process of starting up a truck equipment company and had chosen this property
4
as a location. In talking with City Staff, he discovered that in order to establish
his business at this location, it was necessary to rezone the property from
Industry and Service District to Urban Industry District. Mr. Nason said that he
intends to install snow plows and truck equipment and have a small percentage
of retail sales on the site.
Chairman Guerette noted that the site is already developed and asked
what changes were proposed. Mr. Nason indicated that they had no plans to
change the site.
As no one spoke in opposition, Chairman Guerette closed the Public
Hearing and asked for comments from Staff. Acting Planning Officer David Gould
noted that this is a similar request to the one in the previous item. However, in
this instance it is not a contract zone change request. One major difference
between the two is that in this case, it is an existing developed site. Mr. Gould
indicated that this site was developed in the 1960’s as a 14,000-square foot truck
terminal. The Land Use Zoning Policy calls for Industry and Service District.
However, it has been recognized since 1983 that this is an area that the City
needs to review. This existing 4.5 acres has a development on nearly two thirds
of the site. Mr. Gould indicated that when the applicants talked with the Code
Enforcement Office they were told that their business would not be allowed in
the Industry and Service District and that one option would be to rezone the site.
In reviewing this request, Staff suggested that the 3.0 acres of the site, that is
currently developed, be rezoned to Urban Industry District and that the
remaining 1.5 acres be left in its current Industry and Service District zoning.
That way the applicant would be able to reuse the existing building while at the
same time leave the remaining 1.5 acres in the Industry and Service District.
This would maintain more of the intent of the Industry and Service District. Any
new development that would occur on the remaining 1.5 acres would need to
comply with the Industry and Service District standards.
Mr. Gould noted that Staff had prepared an exhibit for the Board if they
had an interest in amending the area to be rezoned to the 3.0 acres that is
already developed. Mr. Gould indicated that the Planning Board is required to
make a recommendation on the original request. However, if the Board wished
to make a recommendation on something less than what the applicant originally
requested, the Board would need to amend the Council Ordinance and
recommend that the City Council adopt it, as amended. Mr. Gould indicated that
it is the Staff’s recommendation that the Board recommend that the 3.0-acre
portion of the site that is presently developed be rezoned to Urban Industry
District.
Mr. Rosenblatt had concerns about rezoning the parcel to Urban Industry
District because the range of permitted uses between the two zones is quite
5
different and the Zoning Policy is for Industry and Service District zoning. Mr.
Gould noted that while the permitted uses are more intense and potentially
available, it did not seem to him that this site would lend itself to the Industry
and Service District standards as it is a previously developed site. He noted that
the real difference between this lot and the Masonic Temple lot is that the
Masonic Temple lot is undeveloped and this project was built in 1965 and was
paved in the front from property line to property line. The building lends itself
largely to permitted uses and the conditional uses are unlikely on this site.
Mr. King asked what the applicant thought of the reduction in area to be
rezoned. Mr. Nason indicated that his proposed business meets the proposed
requirements of the Industry and Service District zone except for their proposal
for retail sales. He noted that his business is to install snowplows, truck bodies
on trucks with some retail sales. Mr. Nason said that he had met with Mr. Gould
and agreed with his suggestion to split the zoning.
Chairman Guerette indicated that he usually did not like to see spot zone
changes to allow for a particular use. However, this seems to be one of the
more reasonable alternatives to accommodate this business and he indicated
that he would support the split zoning on this parcel.
Mr. Wheeler moved that the Planning Board recommend to the City
Council that the 3.0-acre parcel located at 34 Perry Road currently zoned
Industry and Service District be rezoned to Urban Industry District in accordance
with C.O. # 05-136. Mr. Gould noted that in order to recommend less area, the
Council Ordinance would need to be voted on as presented first and then the
Planning Board could recommend an amended version of C.O. # 05-136 to the
City Council for approval. Mr. Wheeler then amended his motion to
recommend approval of the zone change request for the entire 4.5-acre site as
contained in C.O. # 05-136. The motion was seconded by Mr. Rosenblatt. The
Board voted two in favor and three opposed. Thereby the motion failed
passage.
Mr. King moved to amend C.O. # 05-136 to reduce the area to be rezoned
from 4.5 acres to 3.0 acres to encompass the area that is already developed
from Industry and Service District to Urban Industry District and recommend that
the City Council adopt the zone change request contained in C.O. # 05-136 (As
Amended) for 34 Perry Road – Perry Road LLC, applicant. Mr. Rosenblatt
seconded the motion. The Board voted three in favor and two opposed to
recommend approval of C.O. # 05-136 (As Amended) to the City Council.
6
Item No. 6: To amend the Land Development Code by changing a
parcel of land located at 931 Union Street from
Government and Institutional Service District to
Shopping and Personal Service District. Said parcel
containing approximately 4.86 acres. City of Bangor,
applicant. C.O. # 05-137.
Chairman Guerette opened the Public Hearing and asked for proponents.
Mr. Rodney McKay, Director of Community and Economic Development,
represented the City. Mr. McKay explained that this is the former “Slager
Building” Army Reserve Center and is adjacent to the Eastern Maine Healthcare
Mall (EMHC). The City has approved an agreement for a lease with an option to
purchase with EMHC for this parcel. The intent of the rezoning is to provide the
zoning for use by EMHC who is planning to construct a new building that will be
shared by Affiliated Healthcare Systems and Capital Ambulance. Mr. McKay
indicated that the proposed zone change is consistent with the Comprehensive
Plan and existing zoning in the area.
Mr. Benjie Grant, owner of the adjacent property (Nicky’s Drive-In),
indicated that he supports the zone change but is concerned with any future
location of additional traffic lights in this area. He said that he would like to go
on the record that he has concerns about the location of an additional traffic light
and indicated that he would like to come back before the Planning Board and
participate in the discussion of site plan.
Mr. Guerette asked how traffic might be handled. Mr. McKay indicated
that a proposal has been made to close the existing entrance into the healthcare
mall and relocate it further down Union Street. Mr. McKay said that the City is
receptive that the entrance be closed and moved out further opposite the
entrance to the gas station and car wash with the installation of a traffic light.
Mr. McKay noted that one reason for it being moved is that there cannot be a
traffic light installed at the present location because it is too close to Vermont
Avenue. It would be safer to move it further down Union Street.
As no one else spoke, Chairman Guerette closed the Public Hearing and
asked for comments from Acting Planning Officer Gould. Mr. Gould indicated
that this request is to rezone 4.86 acres at 931 Union Street from Government
and Institutional Service District to Shopping and Personal Service District. The
property was previously owned by the Federal Government and that is why it is
zoned Government and Institutional Service District. The property was
subsequently conveyed to the City. Mr. Gould indicated that the Comprehensive
Plan Land Use and Zoning Policy Maps have identified this portion of Union
Street as Shopping and Personal Service and that this change is 100 %
7
consistent. The Planning Staff recommended that the Planning Board
recommend approval of the zone change request contained in C.O. #05-137 to
the City Council.
Mr. Rosenblatt moved to recommend adoption of the zone change request
from Government and Institutional Service District to Shopping and Personal
Service District at 931 Union Street for the City of Bangor as contained in C.O. #
05-137. Mr. Wheeler seconded the motion, which passed by a vote of 5 in favor
and 0 opposed.
APPROVAL OF MINUTES
Item No. 7: Planning Board Approval of Minutes
This item was deferred to the end of the meeting.
NEW BUSINESS
Item No. 8: Final Subdivision Plan approval for a 9-lot subdivision
located on the west side of Mecaw Road of which 5
lots are located in Bangor in an Industry and Service
District and the remaining 4 lots being located in the
Town of Hampden. Mecaw Road Developers., LLC,
applicant.
Mr. Rosenblatt asked to recuse himself due to a conflict of interest. The
Board voted unanimously in favor of a motion to honor Mr. Rosenblatt’s request.
Chairman Guerette asked Ms. Mitchell to vote on this item.
David Moyse of Mecaw Road Developers, LLC, explained the proposed
subdivision indicating that 5 lots are located in Bangor and 4 lots are located in
the Town of Hampden. Mr. Moyse indicated that essentially nothing has
changed since the Planning Board approved the Preliminary Subdivision Plan on
April 5, 2005.
Mr. King asked the applicant when this subdivision would go before the
Hampden Planning Board. Mr. Moyse indicated that it would be on the following
Wednesday night.
Chairman Guerette asked if the applicant would have any restrictive
convenants for developers of those lots with areas of wetlands, and how that
would be managed to insure that there would not be an infringement upon the
wetlands in the future. Mr. Moyse indicated that there would be covenants that
will be included in the Purchase and Sales Agreements. However, it was their
8
intent that wetlands be permitted and that a permit for the stream crossing on
Lot 9 be obtained prior to selling the lots to make them more marketable.
As no one spoke in opposition, Chairman Guerette asked Mr. Gould to give
Staff comments. Mr. Gould indicated that this is a Final Subdivision Plan
approval request to create 9 lots, 5 in Bangor and 4 in Hampden. The Board
approved the Preliminary Subdivision Plan for this subdivision in early April. As
the two municipalities are coordinating this, there is a signature block for each
municipality as the subdivision needs to be approved by both communities. Mr.
Gould noted that the City of Bangor has an open space requirement and that .38
acres of area will be preserved in an easement that will be protected, which is
largely wetlands. Mr. Gould also indicated that Jim Ring, City Engineer, had
reiterated his level of ease with the 66-foot right-of-way, as well as, the technical
details of the road construction and stormwater drainage. Staff is still waiting for
the various City offices to review the details Mr. Moyse provided them for
improvement guarantees. Staff recommended Final Subdivision Plan approval
with the standard condition that the applicant provide a suitable improvement
guarantee within 120 days of approval.
Mr. King moved to approve the Final Subdivision Plan for Mecaw Road
Developers, LLC, with the condition that the applicant provide a suitable
improvement guarantee within 120 days of approval. Mr. Clark seconded the
motion. The Board voted five in favor and none opposed to the motion to
approve the Final Subdivision Plan with condition for Mecaw Road Developers,
LLC.
Item No. 9: Site Development Plan/Site Location of Development
Act Modification approval to construct a 15,000
square foot building for use as a long-term climate
controlled vehicle storage facility located at Hayes
Street and Florida Avenue in an Airport Development
District. DOD Veteran’s Emergency
Management/Maine Army National Guard, applicant.
Chairman Guerette opened up the discussion and asked for comments
from the applicant. Mr. Marc Larochelle of OEST Associates representing the
applicant, explained that this is a proposal to construct a 15,000-square foot pre-
engineered metal building with controlled humidity preservation for long-term
storage of equipment. This building is adjacent to the maintenance building off
of Hayes Street. He explained that the Site Development Plan also allows for a
paved staging area for the humvees for repairs before being shipped off to
Loring for retrofitting then to be brought back to Bangor and sent out. A
detention area with a grassed filter would be created to address stormwater
runoff.
9
Chairman Guerette asked if there would be heavy duty industrial or
commercial activity on the site and if the applicant was sensitive to the use of
chemicals at the Airport that might end up in local streams. Mr. Larochelle
indicated that any maintenance that would be done on this site would be done at
the maintenance facility and that there would not be sensitive chemicals in this
building.
Mr. Wheeler asked what the term of the lease with the City of Bangor was
on this site. Mr. Larochelle indicated that he did not have that information
readily available at the meeting.
Mr. King asked if this building would be in keeping with the surrounding
architecture. Mr. Larochelle indicated that this pre-engineered building would
be consistent with the other buildings in the area and that it would be color
coordinated with the new helicopter area and maintenance building.
As no one spoke in opposition, Chairman Guerette asked for Staff
comments. Mr. Gould indicated that this is an application for Site Development
Plan approval and Site Location of Development Act Modification approval. Mr.
Gould explained that the applicant is proposing to construct a pre-engineered
building that would be used for the storage of vehicles. The OMS building
expansion (maintenance building) received Planning Board approval last year.
The plan also indicates a staging area for the vehicles when they come to the
facility and then later are put into storage. The applicant has made provision for
on-site stormwater detention. The City Engineer’s Office has reviewed the plan
and finds it consistent with Site Development Plan and Site Location of
Development Act Modification submittal requirements. The City Engineer did
note that the Airport is a sensitive area in regard to stormwater run off and
discharges. The detailed construction plans indicate that this has been
addressed. The Planning Staff recommended approval of both applications as
the plans meet all of the submittal requirements. Mr. Gould noted that the
Planning Board should make a separate motion on each application.
Mr. Rosenblatt moved to approve the Site Development Plan for the Maine
Army National Guard located on Hayes Street. Mr. King seconded the motion.
The Board voted four in favor and one opposed. Mr. Rosenblatt then moved to
approve the Site Location of Development Act Modification for the Maine Army
National Guard located on Hayes Street. Mr. King seconded the motion and it
passed by a vote of 4 to 1.
Mr. Wheeler indicated that he did not vote in favor of both motions based
on the fact that his question regarding the term of lease with the City of Bangor
had not been answered. While he indicated that it did not have any relevance to
10
the passage of this request, he said that he felt that this is the kind of
information that should be available to the Board. He indicated that the Legal
Staff should make certain that this information is available and it is of no fault of
the Planning Officer and Staff.
APPROVAL OF MINUTES
Item No. 7: Planning Board Approval of Minutes.
Chairman Guerette indicated that the Minutes for the April 5, 2005
Meeting needed to be approved by the Planning Board. Mr. Rosenblatt moved to
approve the Minutes of the April 5, 2005 Planning Board Meeting. Mr. Wheeler
seconded the motion. The Board voted unanimously in favor of the motion for
passage of the April 5, 2005 Minutes.
Mr. King noted that in the April 5, 2005 Minutes, Associate Member
Masters had seconded a motion on an item that he was not voting on. He asked
that if a member is not voting on an application if they can still second the
motion. He indicated that he did not feel that the Minutes are wrong but asked
for a clarification.
Acting Planning Officer Gould indicated that one of the roles that the Staff
has from time to time is to be a sort of traffic cop for the Board. Staff
sometimes needs to interrupt to try and make sure that procedurally things are
done right. In this instance where a Board Member should not have been
involved in the motion, Staff did not interrupt the process.
Mr. Wheeler suggested that it is not within the Staff’s responsibility, but
that of the Planning Board. Chairman Guerette indicated that he would try and
clarify this issue.
Chairman Guerette noted that another Planning Board Workshop is
scheduled for Tuesday, May 10, 2005 at 6.30 p.m. to continue the discussion on
the Housing Element.
It was noted that because the Board had just received copies of the April
19, 2005 Planning Board Meeting Minutes that they would be considered at the
Board’s next meeting.
Mr. Wheeler made a brief statement acknowledging his appreciation to
those Members of the Board who attended the special meeting of the
th
Penjajawoc Task Force held on Thursday, May 5. At that meeting, the findings
of the Task Force with regard to commercial development and environmental
issues were made public. Mr. Wheeler said that this was probably an historic
11
event in the context of planning and zoning and all of the other issues pertaining
thereto. This was a milestone to hear comments of previous adversaries that
they have a much better understanding of the opposite points of view.
There being no further items for discussion, the meeting adjourned at
8:12 p.m.