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HomeMy WebLinkAbout2005-09-20 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR TUESDAY, SEPTEMBER 20, 2005 MINUTES Board Members Present: Robert Guerette, Chairman Hal Wheeler Ryan King Nathaniel Rosenblatt Laura Mitchell City Staff Present: David Gould Peter Witham Lynn Johnson News Media Present: Bangor Daily News Chairman Guerette called the meeting to order at 7:00 p.m. In the absence of Board Member Clark, Associate Member Mitchell was asked to vote. CONSENT AGENDA As no one wished to remove any of the items for discussion, Chairman Guerette asked for a motion. Mr. Rosenblatt moved to approve the Consent Agenda. Mr. Wheeler seconded the motion. 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: Site Development Plan and Site Location of Development Act Modification approval for site improvements to the existing soccer field located on the Husson College Campus at 1 College Circle in a Government and Institutional Service District. Husson College, applicant. 2 Item No. 2: Site Development Plan approval to fill and grade property located at 1120 Stillwater Avenue in a General Commercial and Service District. Stillwater Realty LLC, applicant. Item No. 3: Final Subdivision Plan approval to change lot lines at 1468 and 1206 Hammond Street in a General Commercial and Service District and an Urban Industry District. Daniel R. Webb and Kubtrac LLC, applicants. PUBLIC HEARINGS Item No. 4: Conditional Use/Site Development Plan/Site Location of Development Act Modification Approval of a 150’ high radio tower on a concrete pad and a 10’ x 14’ transmitter building located at 1 College Circle in a Government and Institutional Service District and a High Density Residential District. Husson College, applicant. Chairman Guerette opened the Public Hearing and asked for comments from the applicant. Mr. Ray Bolduc of WBRC Architects-Engineers spoke in favor of the application. He noted that Dr. William Beardsley, President of Husson College, Mr. Ben Haskell, Mr. David McGlaughlin, Mr. Mark Nason and Ms. Kate Weber were also present. Mr. Bolduc indicated that the applicant is before the Planning Board to obtain three approvals in order to place a 150’ high radio tower on a concrete pad and construct a 10’ x 14’ associated utility building. He noted that the proposed tower exceeds the 80-foot maximum height for a tower in the Government and Institutional Service District. The new tower is replacing an existing 30-year old tower that has a current height of 65 feet. The existing tower is in a state of disrepair and could cause a potential safety hazard. The proposed tower and building will be surrounded by a 12’ high security fence and located 200 feet northeast of the NESCOM building on a wooded knoll. The nearest residential lot is located on Broadway and is over 1700 feet from the tower. The applicant has applied for Conditional Use approval under the Land Development Code and the use is consistent with the conditional use standards. Mr. Bolduc referred to the Staff Memorandum and commended the Planning Staff for the thorough job that they did in this memo. Chairman Guerette asked if the tower would present any hazards or if the signals received by the tower would be disruptive to local establishments or 3 electronic radios. Mr. Bolduc referred this question to Mr. Haskell who explained that the station is broadcasting on 89.3 FM and by government law all electrical equipment has to be shielded from radiation and not pose any danger. The increase in power does not increase the coverage area but the antenna does. The antenna will increase the signal from 21 miles to 50 miles. Mr. Wheeler asked if there were any satellite dishes. Mr. Haskell indicated that there are two, one for television signal and the other is for the AP news wire. Mr. Rosenblatt asked if the tower is being used to transmit anything other than what the college does, and whether or not there would be any lights installed on the tower. Mr. Haskell indicated that only the college would be using the tower and the FAA does not require it to be lighted. There will be no spot lights or noise associated with this tower. No one else spoke in favor. Chairman Guerette asked for opponents. There being none he closed the Public Hearing and asked for comments from Staff. Planning Officer Gould indicated that the applicant, Husson College, is requesting Conditional Use, Site Development Plan approval and Site Location of Development Modification approval for a 150-foot high radio tower and an associated utility building at 1 College Circle in a Government and Institutional Service District. Mr. Gould explained that in the G & ISD the height standard is 80 feet unless the Board grants conditional use approval. This provides the Board with the opportunity to review these applications to insure that they meet the two specific conditional use standards of the G & ISD, as well as, the four general conditional use standards of the Land Development Code. In reviewing this application, Staff found that the proposed tower would not block sunlight nor be within 100’ of any existing residential building. The proposal also meets the four standards for conditional use approval contained in 165-9 of the Land Development Code as the tower will not create any unreasonable traffic, and Husson College has public sewer and water service, etc. A newer, more powerful transmitter will replace the existing tower. Mr. Gould indicated that as far as the SLODA modification goes, this is a relatively small utility building and the tower itself will be held up by guy wires so there will be no significant impact relative to these standards. Mr. Gould indicated that Staff would recommend that the Planning Board find that the radio tower does meet the conditional use standards relative to this structure, that the Site Development Plan meets all Ordinance requirements, and the SLODA modification meets the requirements of the State’s Site Location of Development Act laws. Mr. Rosenblatt moved to grant Conditional Use approval for the proposed development at 1 College Circle for the construction of a 150’ high radio tower. Mr. Wheeler seconded the motion. The motion passed by a vote of 5 in favor 4 and 0 opposed. Mr. Rosenblatt moved to grant Site Development Plan approval of the radio tower and utility building for Husson College at 1 College Circle. Mr. Wheeler seconded the motion, which carried by a vote of 5 to 0. Mr. Rosenblatt moved to grant Site Location of Development Act Modification approval for Husson College at 1 College Circle for this same development. Mr. Wheeler seconded the motion, which also passed unanimously. Item No. 5: To amend the Land Development Code by changing part of a parcel of land located off of B Street in Birch Hill Estates from Low Density Residential District to High Density Residential District. Said part of a parcel containing approximately 27.1 acres. Judson M. Grant, Jr., applicant. C.O. # 05-293. Chairman Guerette opened the Public Hearing and asked for a presentation from the applicant. P. Andrew Hamilton, Esq. and Michael Longo represented the applicant. Attorney Hamilton explained that the applicant is requesting a zone change to expand the existing Birch Hill Estates Mobile Home Park. This represents a 19% increase of the existing mobile home park. Last year the applicant was before the Board for a similar zone change request in order to increase the park by 19 lots. Due to the recent increased energy costs, mobile homes have become more attractive as an affordable means of housing, and Bangor has a shortage of affordable housing. The applicant is requesting High Density Residential zoning as this allows for mobile home parks. With increased gas and oil prices people want to live in Bangor. This area provides the best residential opportunities in the City because it is an area of mixed growth and mixed housing types. Mr. Hamilton indicated that 40% of Bangor’s population is low and moderate income. This 27.1-acre zone change offers an opportunity to meet the housing needs of these low and moderate income families and be in keeping with the Comprehensive Plan. Before 1991 mobile home parks were only allowed in Rural Residence and Agricultural Districts as this area was zoned. After 1991, the new Land Development Code required that mobile home parks have public water and sewer and were allowed in High Density Residential Districts. As the Staff memo points out, this is inconsistent. The subject parcel has public water and sewer available to it, and abuts High Density Residential and Rural Residence and Agricultural Zoning. The parcel is bounded by Bomarc Industrial Park and the Judson Heights single- family housing development. Mr. Hamilton indicated that the City supports HDR zoning in this location due to the fact that the Planning Board recommended 5 approval of and the City Council approved a zone change in 2002 for the adjacent property as it is consistent with 2000 Comprehensive Plan. Section 165-120 requires that mobile homes be located 50 feet from all boundary lines, each lot be 6,000 square feet in area, and 50’ wide and 20’ deep with a landscaped preservation of existing trees to provide a dense visual barrier around the park. This is to provide protection to the potential concern that there might be encroachment. Chairman Guerette noted that in 2002 the zoning was changed to make the entire mobile home park conforming with present standards and at the same time there was an approval to expand with a few lots. He asked how this zone change request ties into that 2002 rezoning. Mr. Rosenblatt indicated that the area changed in 2002 had an existing mobile home park on it. Mr. Mike Longo, indicated that the original park contained 353 units and 29 units were added after the last rezoning. Mr. Rosenblatt asked Mr. Hamilton if he took the position that the Zoning Policy map contains a mistake. Mr. Hamilton noted that in his experience this is an area in transition and that at times the transitional areas cannot be as precise as the maps. Mr. Hamilton indicated that the proposed HDR zoning is not inconsistent with the neighboring mobile home park and the Bomarc Industrial Park. He said that the market is shifting and this type of housing will be more in demand. The applicant wishes to provide this affordable housing and would request that the Board approve this zone change. Chairman Guerette asked for comments from proponents. Dr. William Beardsley, President of Husson College. told the Board that Husson College’s enrollment has grown by 300 students and is now operating at full capacity. One of the challenges that the College faces is that traditional residential accommodations are not suited for their older students. The College has looked at the nature of housing on campus and with construction costs for traditional dormitory housing in the neighborhood of $50,000 a bed they are looking at how to integrate students into the community. Many of the students have modest incomes and this type of affordable development near the campus would be valuable to College Staff and to Graduate students. No one spoke in opposition. Chairman Guerette closed the Public Hearing and asked for Staff comments. Planning Officer Gould indicated that this is an application for a zone change from LDR to HDR for 27 acres to expand the Birch Hill Estates Mobile Home Park. Mr. Gould said that there is some concern in terms of rezoning low density residential to high density residential. The City rezoned the adjacent property in 2002 when there was interest on the part of 6 the applicant to expand the Judson Heights Subdivision for single-family housing, to expand the Birch Hill Estates Mobile Home Park, and to add some additional commercial zoning to that area along Broadway. Previous to that request, there was a change in the City’s Land Use Policy relative to mobilehome parks. Mobilehome parks were uses allowed in the Rural Residence and Agricultural District. Because they are a dense development they required water and sewer service. Many development areas did not want mobilehome parks as neighbors. It was felt that it was ideal to move these out to the outlying low-density areas with the City extending sewer out there. In the 1990’s the City’s view changed and removed mobilehome parks from the Rural Residence and Agricultural District and added them as a conditional use in the HDR. The City did not rezone the mobile home park properties to HDR but left them as RR & A and the Land Use Policy in Judson Heights was designated as low density residential. In 2002, the Planning Board and City Council, relative to Birch Hill Estates, felt that high density residential use was the appropriate zone for that area. The entire mobile home park was zoned HDR and a small expansion was rezoned. Had the applicant made this request in 2002 the concept at that time would have been just another part of the process. The Land Use Policy is low density residential. It is likely an oversight. Now the question is how significant is this expansion and is this something that is going to cause land use problems for abutting residential properties. Clearly, the mobile home park is the only candidate that has a viability to use HDR at that location. In 2002 the City approved a zone change request for a small expansion to the existing mobile home park in spite of what the Land Use Policy Map indicated. Staff recommends that the Planning Board recommend approval of the zone change request to the City Council. Mr. Wheeler asked if the streets in the Birch Hill Estate Mobile Home Park were City-owned and if residents received City services. Mr. Gould indicated that the streets were privately owned and the owner of the park provided the services. Mr. Wheeler felt that this type of development is not only a benefit to the housing market but a benefit to the City as well. He noted that Dr. Beardsley’s comments were relevant and that nontraditional students often are married and their housing needs are for more than just themselves. Mr. Mike Longo indicated that what they are seeing for housing trends is preference for double-wide units over single-wide units. Mr. Wheeler asked at what frequency they are sold from the original owner to other owners. Mr. Longo indicated that he did not have any concrete figures but many residents are long-term, older couples who have sold their larger homes to get away from maintenance and high heating costs while others are younger who use them as a stepping stone to buy a larger home. 7 Mr. Wheeler said that he found this an acceptable project due to the range of housing. Mr. Rosenblatt said that while he is sympathetic to aspects of the proposal he did not believe that it is consistent with the Comprehensive Plan. He said that he is concerned about the logic of changing a zone to accommodate an existing use that is no longer conforming. He felt by doing that the Comprehensive Plan is changed and it opens the door to expansion of the zoning district beyond the boundaries of the existing use. Mr. Gould explained that Staff feels that the Planning Board and the City Council came to the conclusion that the prior request was consistent with the Comprehensive Plan and that is why it was adopted. Staff now feels that the proposal before the Board is proper and the right zone for that use. If in the future the applicant comes before you with another request for an additional two acres or 120 acres for expansion then the decision will be how far can this expand. The question is with Bomarc Industrial Park on one side and Judson Heights on the other side is this a place that can accommodate expansion or no it cannot tolerate any expansion. In Staff’s opinion this is a place where there is some wiggle room. Ms. Mitchell point out that in the Comprehensive Plan update discussions the Board has maintained that it is an HDR area. Mr. Gould indicated that the intent of the Land Use Plan to recommend the Mobile Home Park as a conforming use makes for wise land use. Chairman Guerette said that this area has been pegged as a transition area during the Comprehensive Plan update. Market forces drive a need for more high density residential use. There is an opportunity to fill that need and this area is adjacent to a large contiguous mobile home park that has co existed for years with an adjacent low density residential neighborhood. Because there has not been a conflict, it makes sense to approve this project. Chairman Guerette indicated that he planned to support this zone change request and asked if any one would like to make a motion. Mr. Wheeler moved to recommend approval to the City Council of the zone change request at Birch Hill Estates from Low Density Residential use to High Density Residential use for 27.1 acres of land for Judson M. Grant, Jr., applicant, as contained in C.O. # 05- 293. Ms. Mitchell seconded the motion. The Board voted four in favor and one opposed to the motion recommending approval of C.0. # 05-293. 8 APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes. The Board continued consideration of the September 6, 2005 Meeting Minutes to its next meeting. NEW BUSINESS Item No. 7: Site Development Plan/Site Location of Development Act Modification approval to construct a new parking lot, building addition and sidewalks at 268 Stillwater Avenue in a Government and Institutional Service District. Acadia Hospital, applicant. Mr. Rosenblatt asked to recuse himself from voting as the applicant is a client of his law firm. The Board voted unanimously in favor of a motion to recuse Mr. Rosenblatt. Chairman Guerette noted that because there were only four Members that would be voting, and the applicant would need three affirmative votes in order to receive approval, the applicant could elect to continue this item to the next Planning Board Meeting where a full Board would be present and voting. Mr. Vinal Applebee, of Ames A/E, representing the applicant, Acadia Hospital, told the Board that his client wished to proceed with only four Board Members voting. Mr. Applebee explained that the applicant is requesting Site Development Plan and Site Location of Development Act Modification approval to construct a new parking lot, a building addition and sidewalks at 268 Stillwater Avenue in a Government and Institutional Service District. Mr. Applebee said that the applicant proposes to abandon the prior approval of a 50,000 square foot building expansion, connecting driveway, and other additional parking lots that was approved in 1994. The applicant now proposes to construct an employee parking lot, a building addition and sidewalks. The applicant is requesting that the Planning Board waive the parking lot improvement standards for islands. Planning Officer Gould indicated that the applicant is asking for approval for Site Development Plan and Site Location of Development Act Modification. The Site Location of Development Act permits do not lapse. In reviewing this application, the applicant received approval of the original site plan in 1991 and in 1994 the applicant received approval for a significant expansion. The applicant is now proposing to abandon the prior approval of 50,000 sq. ft. of building expansion. The applicant is also requesting approval of an employee 9 parking lot and is requesting that the Planning Board waive the parking lot standards to reduce space and aisle standards, as well as, reduce the internal green space (landscaping requirements) under Chapter 165-74 B. The City Engineering Office has reviewed the revised stormwater plans and finds them acceptable and consistent with the application’s original parameters. Staff would recommend Site Development Plan approval and Site Location of Development Plan approval for Acadia Hospital at 268 Stillwater Avenue as two separate votes. Chairman Guerette noted that the applicant is asking the Planning Board to waive the parking lot requirements that would be in effect if this lot were to serve the general public. There being no further discussion, Chairman Guerette asked for a motion. Mr. King moved to approve the Site Development Plan for Acadia Hospital at 268 Stillwater Avenue. Ms. Mitchell seconded the motion, which passed by a vote of four in favor and none opposed. Mr. King moved to approve the Site Location of Development Act Modification for Acadia Hospital at 268 Stillwater Avenue. Ms. Mitchell seconded the motion. The Board voted four in favor and none opposed. Item No. 8: Site Development Plan approval to construct a 2,000 sq. ft. addition to the existing building at 1122 Hammond Street for warehouse and office use in a General Commercial and Service District. Advantage Gases & Tools, applicant. Chairman Guerette asked for comments from the applicant. Mr. Mike Mullen along with Mr. Roger Brouns, Bud Neal and Kevin Gresser were present at the meeting. Mr. Mullen explained that the proposed addition is for storage and warehouse use. He noted that this revision will help improve truck circulation on the site as it is very tight now, enhance common carrier traffic, and be a safer use of the property. Planning Officer Gould indicated that the applicant, Advantage Gases and Tools is requesting Site Development Plan approval for a small expansion to the rear of the existing building at 1122 Hammond Street. This site was before the Planning Board for site plan approval a few years back for an existing cylinder storage building. One reason that this was not on Consent Agenda was to ensure that past screening and buffers be added to the site development plan as some of that landscaping had disappeared over time. Also, in December of 2004 the City Council changed the buffer standards and the applicant’s designers were not using the current buffer standards. Now there is an extensive buffer. Mr. 10 Gould indicated that Staff is confident that the plans are complete and consistent with the Land Development Code and are in order for Planning Board approval. Mr. King asked for an explanation of the impervious surface ratio. Planning Officer Gould indicated that impervious surface includes all gravel, paved, and building area. In the General Commercial and Service District the impervious surface ratio is .75 (ISR) and the applicant’s current proposal is 72% (ISR). Mr. King moved to grant Site Development Plan approval at 1122 Hammond Street for Advantage Gases and Tools. Mr. Rosenblatt seconded the motion. The motion carried unanimously. OTHER BUSINESS Mr. Rosenblatt noted that there is a discrepancy between what the Board’s By-Laws provide for and what is practiced regarding what goes on the Consent Agenda. He noted that there have been final subdivision plans and site location of development act modifications in addition to site development plans placed on the Consent Agenda. Mr. Rosenblatt indicated that the provisions of the By-Laws allow for site developments that meet all requirements but does not provide for these other applications. He said that it makes sense to include those other applications in the By-Laws to reflect what the current practice is. Planning Officer Gould indicated that he took the opportunity to look at the By-Laws noting that they should serve the Board as opposed to the Board being a servant to the By-Laws. He said that there are a lot of things in the By- Laws that seem to be overly restrictive. Generally, the Consent Agenda is a tool utilized by Staff to move things along and to not have elaborate debate on. With this comes some responsibility and some understanding with the Board. If the Board is uncomfortable, they can take an item off the Consent Agenda. It is a tool that the Planning Office uses to expedite the process and is not an attempt to sneak things through. There are also some other things in the By-Laws such as the public access channel, dates and meetings that need to be looked at, too. The By-laws are the Board’s By-Laws. Mr. Gould indicated that he would be happy to look at them and go through them. Mr. Rosenblatt felt that the By-Laws should be consistent with what the Board’s practice is. Mr. Wheeler said that in order to remove an item from the Consent Agenda it should be by a majority vote and that he was in disagreement with the By-Laws. He said that it would be a good idea to fix the language so that Planning Office will have the flexibility that it deems necessary. 11 Mr. Guerette noted the resumption of the Planning Board Workshops on the Comprehensive Plan Update starting next Tuesday, September 27, 2005 at 6:30 p.m. As there was no other business, Mr. Wheeler moved for adjournment. The Board voted unanimously to adjourn the meeting at 8:30 p.m.