HomeMy WebLinkAbout2005-10-18 Planning Board Minutes
(As Amended January 3, 2006)
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF OCTOBER 18, 2005
MINUTES
Board Members Present: Robert Guerette, Chairman
Hal Wheeler
David Clark
Ryan King
Nathaniel Rosenblatt
Laura Mitchell
Miles Theeman
Alice Brown
City Councilors Present: Councilor Gratwick
City Staff Present: David Gould
James Ring
Peter Witham
Lynn Johnson
News Media Present: Bangor Daily News
WABI-TV 5
Chairman Guerette opened the meeting at 7:00 p.m., and welcomed
newly appointed Associate Members Alice Brown and Miles Theeman to the
Board.
PUBLIC HEARINGS
Chairman Guerette explained the Public Hearing procedure in that the
applicant would be asked to give a presentation, followed by comments from
proponents and opponents, and then comments from Staff.
Item No. 1: To amend the Land Development Code by changing
parts of three parcels of land located on Broadway
and Griffin Road from Low Density Residential
District, High Density Residential District and Rural
Residence and Agricultural District to High Density
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Residential District and Shopping and Personal
Service District. Said parts of parcels containing a
total area of approximately 82.25 acres. Judson M.
Grant, Jr., applicant. C.O. # 05-326.
Chairman Guerette opened the Public Hearing and asked for a
presentation from the applicant. Mr. Andrew Sturgeon, president of Ames A/E,
along with Mr. Michael Longo, Attorneys Andrew Hamilton and Michael Clishman
of Eaton, Peabody, and Steve Ribble, Landscape Architect with Ames A/E were
all present representing the applicant, Mr. Grant.
Mr. Sturgeon gave a brief history of the property and the events leading
to the zone change request. He explained that over the past 30 years Mr. Grant
has been developing property in this area to meet the needs of the City of
Bangor. Mr. Grant has developed the Judson Heights Subdivision, the Birch Hill
Estates Mobilehome Park, various commercial properties on the east side of
Broadway and the KevLan Development on the west side of Broadway. In
addition, Mr. Grant deeded property to the Abundant Life Church for its
development on the west side of Broadway. Mr. Sturgeon indicated that it
makes sense to rezone the remaining west side of Broadway to harmoniously fit
into the existing development. Mr. Sturgeon noted that there is commercial use
at the intersection of Broadway across to Judson Boulevard, which is opposite
from the existing development. The applicant is proposing to transition this
commercial area into High Density Residential next to the existing Abundant Life
Church. Mr. Grant’s original desire was to have commercial zoning along
Broadway and then have High Density Residential zoning extend from the
commercial zoning all the way across to Kenduskeag Avenue. After meeting with
the City Planning Staff, reviewing the Comprehensive Plan, and taking into
consideration Staff’s concerns, the applicant reduced the High Density
Residential area moving it away from Kenduskeag Avenue. Mr. Sturgeon said
that they believe that additional residential housing is needed in the area and
would be better located on Broadway than on limited city streets. Not only did
they meet with the City but they also had two meetings with the local residents
the day before and just prior to the meeting. Mr. Sturgeon asked Attorney
Hamilton to explain the zone change in more detail.
Attorney P. Andrew Hamilton indicated that this application represents an
important transition in the evolving Outer Broadway corridor. This application
provides for a sensible clustering of commercial uses that are high traffic
generators centered around the Griffin Road intersection with the high density
uses enveloping the commercial uses. Mr. Hamilton indicated that this is a term
that not only is expressed in the Comprehensive Plan 2000 but also in the 2005
revision. The applicant revised his original request and has made significant
concessions. After talks with Staff, the applicant brings before the Board what
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they consider to represent the most appropriate zoning out of all the alternatives
considered.
Mr. Hamilton explained that Steve Ribble, a Landscape Architect with
Ames A/E felt that the natural boundaries should be used to set the zoning
boundaries. He has introduced the idea that development tends to occur around
natural boundaries. The proposed zoning abuts a wetland system. The
question that the applicant needs to address is whether or not the request is
consistent with the City’s Comprehensive Plan. He noted a law case in Old
Town that expresses the view that unless something specifically is called out in
the Comprehensive Plan as not allowing a particular use in a location, the Court
will not determine that it is inconsistent with the Comprehensive Plan as a
judicial determination.
Mr. Hamilton indicated that the zone change request comprises 41.85
acres to be rezoned as Shopping and Personal Service District (S & PS), and
40.4 acres to be rezoned as High Density Residential (HDR). This proposed
zoning is appropriate for the City’s continuing need for commercial areas along
the Broadway corridor as expressed in Comprehensive Plan, and the City’s
strong need for a mix of residential housing for renters and first time
homebuyers in an area that is close to the City’s center that has access to City
water and sewer.
Mr. Hamilton discussed the narrative text of the Comprehensive Plan that
states that there are some excellent retail and service establishments in this area
of the Broadway corridor to service its population as well as the residential
neighborhoods of the City. Mr. Hamilton noted that past growth along the
Broadway corridor including the expansion of St. Joseph Hospital, Husson
College, and the KevLan Development. The applicant is proposing to cluster
commercial zoning on Broadway and Griffin Road, which is an efficient use that
allows for access management. They recognized the departure of the proposed
request from the City’s Comprehensive Plan, but found it in general
conformance. The applicant is willing to give up some commercial zoning on
Broadway for greater commercial depth along Griffin Road. He asked the
Planning Board to support this zone change request.
Mr. Steve Ribble, Landscape Architect with Ames A/E indicated that they
looked at this parcel from several angles including environmental considerations.
When they heard that the applicant was proposing HDR zoning they felt that
there was going to be a need for space to recreate. He noted that there is an
abundance of wetlands on this site and they see this as a way to preserve the
natural environment. Mr. Ribble explained that it makes sense to follow the
natural corridors so as not to be left with little pieces of land that would be
rendered valueless.
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Mr. Rosenblatt was concerned that with a number of lines being drawn
through the wetlands that it would diminish the wetlands and asked if the brook
would be crossed. Mr. Ribble explained that currently the Corps of Engineers
looks at continuous wetlands as one big wetland. This proposal is 25’ off set
from the edge of the wetlands and they will need to cross over wetlands.
Chairman Guerette indicated that the applicant has made some
concessions with regards to the design of this plan with the 750-foot setback
from Kenduskeag Avenue. Mr. Hamilton added that the applicant has also
clustered the HDR zoning on Broadway and Griffin Road.
Chairman Guerette then opened up the discussion to proponents. Dr.
William Beardsley, President of Husson College, spoke in favor of the proposed
zone change. He indicated that the recent increases in enrollments, particularly
with the addition of the Seminary, has increased the demand for student
housing. The College is seeking other alternatives to traditional dormitory
housing and is looking at off-site housing due to demand and the cost of
construction for on-site housing. Dr. Beardsley indicated that he felt that
commercial development that served the immediate area would be preferable to
development that served a larger regional market. Dr. Beardsley indicated that
Husson College is working with its neighbors to develop outer Broadway and
Griffin Road and that they supported this zone change request as it is
compatible and complimentary to their interests.
Mr. Wheeler asked Dr. Beardsley to expand on the College’s need for
additional housing. Dr. Beardsley indicated that it costs approximately $50,000 a
bed in a traditional dormitory. With a greater number of nontraditional students,
the demand is more for traditional type housing rather than the traditional
dormitory housing.
As no one else spoke in favor, Chairman Guerette then asked for
opponents. Dr. Clifford Rosen, 16 McKinley Street, indicated that he runs, cycles,
and walks in these woods on his lunch break and he is very concerned about the
wetland and walking areas in this area. He said that he feels that this is a lovely
wetland area within the City and would he would like to see the City develop
this. He also expressed his concern about future commercial development on
Broadway noting that the Comprehensive Plan calls for commercial use on the
Griffin Road side of this area. He indicated that he does not object to residential
use but is concerned about a big store that would draw many people from the I-
95 exit. It is presently very difficult to drive along Broadway in the mornings and
evenings without traffic backing up to the Abundant Life Church. Dr. Rosen said
that he felt that the Griffin Road area was one of the nicest areas in Bangor for
recreational activity such as walking and hiking.
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Ms. Leslie Dickensen, 153 Norfolk Street, said that she felt that it is
important for the City Council and Planning Board to pay attention to what
people say and to keep the Comprehensive Plan process open so that people will
know what is going on. She indicated that the Comprehensive Plan materials
that she has seen indicate that this area is for residential use and any change for
commercial development should be localized for area residents and not for a
development to bring people to the site. She indicated that she was concerned
about development of a big box and that Bangor did not need any more big
boxes. She said that the Griffin Road area is a pleasant, uncongested area and
she would like to see it kept that way. If the City does agree to change to a high
density housing development there should be a requirement that the developer
include some low-income or affordable housing.
Mrs. Linda Hunter, 1025 Kenduskeag Avenue, indicated that she attended
an earlier meeting this evening with representatives of the developer and she
wished to say how much the neighborhood appreciates the spirit of cooperation
the applicant put forth. At that meeting, many of her questions were answered
but she wished to bring up concerns that affect her neighborhood. The first is
traffic and no matter what goes in there, there will be increased traffic on
Broadway and on Kenduskeag Avenue. Kenduskeag Avenue is very narrow and
will not support much more traffic. Traffic along Broadway needs to be looked
at and something needs to be done. She appreciated the fact that the
developers are avoiding Kenduskeag Avenue in terms of a zone change. Ms.
Hunter said that the wetlands are a concern and it appears that they are being
sensitive to them. She suggested that the Bangor Land Trust could get involved
with preserving some of the wetlands and open space. Ms. Hunter said that she
hopes that the Planning Board will take into consideration the major issue of
preservation of open spaces to make the quality of life better for the citizens of
Bangor that was discussed at the time of the Comprehensive Plan neighborhood
meetings. Mr. Hunter also indicated that she is concerned about the large
commercial space proposed on Griffin Road and the possibility that it could
develop into a destination shopping area rather than an area for neighboring
residents.
Ms. Lucy Quimby, 1230 Kenduskeag Avenue, indicated that as an area
neighbor, she agrees with the concerns that were voiced. She said that this
could be a nice asset if done well, but if not carefully thought out, it could be a
catastrophe. Ms. Quimby indicated that she appreciated the developer’s
willingness to talk with the neighbors.
Mr. James Davitt, of 59 Hudson Road, indicated that he agreed that there
is a need more affordable housing. The Rural Residence & Agricultural zoning of
the property is a good use of the property but that there may be a need for a
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higher density zoning in there. If it is well done it could be a contribution to the
community. Secondly, out on Hudson Road between 6:45 and 8:30 a.m. traffic
is backed up on Hudson Road where cars are trying to get out onto Broadway
because the traffic flow is so heavy. If this development goes in, it will mean
more traffic closer into town and tie up traffic even further out Broadway. Mr.
Davitt asked if there was a need for any more shopping centers and his biggest
concern is the rezoning to allow for more and larger shopping centers. He said
that it would not be long before Broadway and Griffin Road look like outer Wilson
Street and Bangor does not need this.
Mr. Dana Hunter, 1025 Kenduskeag Avenue asked if contract zoning could
be considered to assure all of the things mentioned such as maintenance of the
wetlands and what the limitations might be.
No one else spoke in opposition and Chairman Guerette closed the Public
Hearing. Attorney Hamilton asked to address some of the comments at the
meeting. He said that he wished to credit everyone who spoke at the meeting
and the solid tenor of the remarks. Mr. Hamilton indicated that contract zoning
is not a guarantee of excellent site design and contract zoning requires that you
have a specific development in mind. The applicant knows the general direction
of what the long-term development will be of this site but has no development
proposal at this time. He indicated that, specifically, there is no super market
proposal at this time. This proposed zone change reflects how the applicant
envisions this property to be developed in the future.
Mr. Rosenblatt had a concern regarding traffic and the notion that some
forms of commercial development in this area would have a greater adverse
impact on the neighborhood than other commercial forms. While there is
nothing specifically in mind at this point, Mr. Rosenblatt asked Mr. Hamilton if
there was anything to share that might alleviate the concerns of the neighbors.
Attorney Hamilton indicated that it is the selection of the commercial zone that is
going to govern what type of uses that could be applied to this property. There
are a wider range of uses under the GC & S District than the S & PS District. He
indicated that after listening to those who testified, that he likes the idea of
development to serve the neighborhood. The problem in trying to formulate a
contract zone change for this property is that the developer would need to know
more about what types of development that he would like to go on this parcel.
Regarding Mrs. Hunter’s question about a big box proposal, the answer to that
question is no and they are making that statement in the context of a public
meeting. Regarding traffic, this is a function of Bangor being a service
community. In watching the Stillwater Avenue area there have been some
opportunities pursued and lost. While Broadway does not have the same
problems that Hogan Road and Stillwater Avenue have, it represents an
opportunity to do it right.
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Chairman Guerette then asked for comments from Staff. Planning Officer
Gould indicated that the request before the Board is a zone change to S & PS
and HDR. In 1979 the City’s Land Use Plan proposed commercial use along
Broadway in this exact location. This is not a new concept and has been the
standing policy for many years. The proposed concept has been brought to the
Board that asks if the City wants to continue a commercial pattern to the
Kenduskeag town line or cluster or concentrate development in a location where
we have a better chance to manage access to deal with the driveways, as
opposed to the pattern that exists now where development has taken place lot
by lot. In effect, there is a tradeoff of some commercial area for some
residential area and some residential area for some commercial area. The Land
Use Plan shows a narrow strip of commercial area along Broadway. The issue is,
is there a better way to do this. Staff feels that this proposal might be better for
development. There are two things that have come up in discussion by making
this rearrangement of commercial land. The commercial area where originally
you could build a car wash or a hair shop now allows a larger land mass that
opens the door to a big box store. The 42 acres is a big site and S & PS zoning
does allow for a big box development. The City’s Zoning Policy Map clearly
indicates that S & PS is the appropriate zoning for this area. If the applicant had
asked for a GC & S District, then Staff would not be in support of this. Another
question is whether the additional acreage for commercial use on Griffin Road
should be treated differently and this is where the issue of contract zoning comes
up. Some communities put limits on the size of development (through contract
zoning) to prevent the construction of big boxes. Traditional planning sees a
hard edge in-between commercial and residential uses with the separation of
uses and large buffers for a barrier. He noted that there was a suggestion of
neo-traditional zoning where uses are more mixed together including pedestrian
and other linkages from this site to residences on Kenduskeag Avenue.
Mr. Gould indicated that the issue for the Board is if this is a reasonable
trade off from taking commercial use away from Broadway and is the Board
comfortable with the proposal that S & PS zoning is appropriate for this area.
Staff feels that this is a rational plan even though it is a slight deviation from the
existing Comprehensive Plan. Staff feels that this is essentially consistent with
the Comprehensive Plan and recommended that the Planning Board make a
positive recommendation to the City Council.
Mr. Rosenblatt indicated that while he did not have a problem swapping
the acreages and the idea of the split between the S & PS and HDR, it will be a
little differently configured than what is on the Comprehensive Plan. Mr.
Rosenblatt was concerned that by virtue of that reconfiguration the City would
potentially open the door to a kind of commercial development that is
qualitatively different from the kind of development that the Comprehensive Plan
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anticipated, and that that may have a more substantial impact on the
neighborhood.
Mr. Rosenblatt asked if there was something that could be done, maybe
through contract zoning, that might make him feel more comfortable. Planning
Officer Gould indicated that it would depend on the type of conditions and on
what areas the contract zoning would affect. Mr. Gould indicated that the
question to be looked at in the S & PS District is if you had a number of drive-in
uses along a linear string would that be preferable to some larger retailer.
As no one else spoke, Chairman Guerette asked for a motion.
Ms. Mitchell had concerns about the impact of a long stretch of
development versus a block of development.
Mr. Theeman asked if there could be a condition on the use of the
property. Mr. Gould indicated that contract zone change conditions are
supposed to deal with physical development restraints, not use.
Mr. Wheeler made a motion that the Board recommend to the City Council
that the Land Development Code be amended by changing parts of 3 parcels of
land located on Broadway and Griffin Road from LDR. HDR and RR & A to HDR
and S & PS for Judson M. Grant, applicant, as contained in C.O. # 05-326. Mr.
Rosenblatt seconded the motion. Mr. Wheeler indicated that he appreciated the
Planning Officer’s clear discussion of the historic zoning and intended uses for
this area of the City. Mr. Wheeler said that there is no question that Broadway
has developed as a commercial area. Mr. Wheeler indicated that the City can
look at the track record of this particular developer whose projects and
developments have been positive for Bangor not only for housing but for
broadening the commercial tax base with the least possible negative impact on
neighborhoods, traffic flow and volume. Mr. Wheeler said that the Planning
Officer made a significant point that if this is adopted, it will set a clear limit to
the extent of commercial development along outer Broadway.
Mr. Rosenblatt indicated that while this was a very good presentation he
remained uncomfortable that if the zone change is approved, the impact on the
neighborhood may be different than what the Comprehensive Plan envisions. He
indicated that he would like to explore a contract zone change to alleviate those
concerns.
Chairman Guerette indicated that he appreciates the way that this plan
has been developed to provide housing along with commercial development and
indicated that he would vote in favor of the zone change request. Mr. King
indicated that this was a great presentation and while he had some reservations,
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he intended to support the zone change request. Chairman Guerette asked for a
vote. The Planning Board voted four in favor and one opposed to the motion
recommending approval of C.O. # 05-326 to the City Council.
Item No. 2: To amend the Land Development Code by changing a
parcel of land located at 93 New York Street from
Park and Open Space District to Urban Residence-
One District. Said parcel containing approximately
.42 acres. City of Bangor, applicant. C.O. # 05-327.
Chairman Guerette opened the Public Hearing and asked for a
presentation by the applicant. Mr. James Ring, City Engineer, indicated that he
was speaking on behalf of the City of Bangor in favor of this zone change
request. Mr. Ring indicated that this parcel is located at the end of New York
Street and is currently zoned Park and Open Space District. Several years ago,
the City was interested in purchasing this private property to become a part of
the existing golf course property and it was rezoned as P & O to accommodate
this. To date, the City still has not acquired the property and has no plans in the
future to acquire it. For 30 years it has been a nonconformity. Recently, the
owner property asked that the City rezoned it back to URD-1 so that it will not be
a nonconforming use.
Mr. Theeman asked if there were any down sides in approving this
request. Mr. Ring indicated that he could not see of any.
No one spoke in opposition. Chairman Guerette closed the Public Hearing
and asked for Staff comments. Planning Officer Gould explained that the
homeowner went to the bank to refinance their property. The bank asked what
the zoning is and it was discovered that it is nonconforming and they did not
wish to refinance a nonconforming use. The homeowner then came to the City
to ask that the zoning be changed. Staff feels that it is only fair that the City
rezone this property and that it be rezoned to URD-1. Staff recommended that
the Planning Board recommend to the City Council that the proposed rezoning be
adopted.
Mr. Rosenblatt noted that the overriding fairness issue outweighs the fact
that it is not consistent with the Comprehensive Plan.
Chairman Guerette asked for a motion. Mr. Rosenblatt moved to
recommend to the City Council that the zone change request at 93 New York
Street from P&O to URD-1 as contained in C.O. # 05-327 be approved. Mr.
Wheeler seconded the motion, which carried by a vote of 5 to 0 in favor of
passage of the zone change request.
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APPROVAL OF MINUTES
Item No. 3: Planning Board Approval of Minutes
The Board continued this item to its next meeting.
Open Discussion
Planning Officer Gould discussed the upcoming Planning Board Bus Tour
and indicated that the tour would probably be 3 or 4 hours and that he would
have a tentative route plan for the Board’s discussion.
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Planning Officer Gould distributed the Minutes of the June 14 Planning
Board Workshop meeting for the Board’s review along with a draft 2006 Planning
Board Meeting Schedule.
Board Members discussed with Staff the policy and legal requirements
regarding public notifications for applications.
As there was no further business, the meeting was adjourned at 9:03 p.m.