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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.