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HomeMy WebLinkAbout2005-11-01 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF NOVEMBER 1, 2005 MINUTES Board Members Present: Robert Guerette, Chairman Harold Wheeler David Clark Nathaniel Rosenblatt Alice Brown Miles Theeman City Staff Present: David Gould James Ring 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 Member King, Associate Members Mitchell, Brown and Theeman were asked to alternate voting. Chairman Guerette outlined the procedures for conducting a Public Hearing for the benefit of the audience. He indicated that the order would be a presentation from the applicant, comments from proponents and opponents, closure of the Public Hearing, and then comments from Staff. PUBLIC HEARINGS Item No. 1: To amend the Land Development Code by changing a parcel of land located at 118 Congress Street from Urban Residence One District to Government and Institutional Service District. Said parcel containing approximately 3,800 sq. ft. Kenneth G. Tsoulas, applicant. C.O. # 05-340. 2 Chairman Guerette opened the Public Hearing and asked for a presentation from the applicant. Mr. Ken Tsoulas, the applicant, spoke in favor of the proposed change. Mr. Tsoulas indicated that he is requesting this zone change as he has entered into a Purchase and Sales Agreement with St. Joseph Hospital, and as a condition of the sale that the zoning be changed to Government and Institutional Service District to be consistent with the zoning of the abutting hospital properties. Mr. Tsoulas said that this property has been a rental property for the last 8 or 9 years and it was his understanding that the Hospital had no immediate plans other than to continue renting this property. Mr. Tsoulas said that he had spoken to three other neighbors who were not in opposition to this zone change, that the hospital had been a good neighbor, and that he felt that this zone change request is consistent with the City’s Comprehensive Plan. Mr. Jim Kimball, a Board Member of M & J Corporation the real estate holding company for St. Joseph Hospital, indicated that the applicant asked if the Hospital wished to purchase the property. The Hospital owns the properties on either side of 118 Congress Street and feels that it is a strategic parcel for them to own. At the present time, there are no plans for reuse of this property other than to continue to rent it. Mr. Kimball gave a brief history as to the Hospital’s growth. He indicated that this parcel lies within the area the City envisions for the future expansion of the Hospital. He added that the Hospital moved its entrance from Center Street to Broadway at the urging of the City and he did not feel that the property values have suffered in this area as a result of the Hospital’s expansion. There being no other proponents, Chairman Guerette asked for opponents. Attorney Lisa Cohen Lunn, representing Michelle Campbell an abutting land owner who lives at 16 North Park Street, spoke in opposition. Ms. Lunn indicated that this is a traditional neighborhood and that her client was very concerned about the propensity for St. Joseph Hospital to encroach into the neighborhood. She said that she did not feel that this zone change was appropriate for this single-family neighborhood and Ms. Campbell strongly objects to this zone change request. Ms. Lunn also indicated that she grew up on French Street and now lives in the Little City area. She expressed her concerned with encroachment. She said that she felt that the Hospital should indicate what their intentions are for this parcel before applying for a zone change. Chairman Guerette indicated that usually the person acquiring the property makes a presentation before the Planing Board and asked why the owner did. Mr. Kimball explained that in past years the Hospital has made acquisitions without first asking for a zone change. When the time came to request a zone change the votes were very close. The Hospital feels that it may 3 be better to ask the seller to request the zone change. Then if the zoning is not changed, then the Hospital will not own a property that will not serve its purposes. Mr. Kimball said that the Hospital does not wish to assume more risk than they have to. Chairman Guerette indicated that the exchange could be contingent upon the Planning Board’s vote with a properly executed Purchase and Sales Agreement. Attorney Lunn felt that the Hospital was putting the cart before the horse and that it would make more sense to figure out first what they want to do with the parcel. Mr. Rosenblatt indicated that Government and Institutional Service District (G & ISD) zoning is consistent wit the Comprehensive Plan. Attorney Lunn argued that this is not a G & ISD neighborhood, but a single-family neighborhood and that her client feels that this neighborhood is changing and she is very concerned. Mr. Kimball indicated that the Hospital does have a proper Purchase and Sales Agreement with the applicant. As no one else spoke, Chairman Guerette closed the Public Hearing and asked for Staff comments. Planning Officer Gould gave a brief history of the zoning in the area and the Hospital’s development in this area. Back in the 1980’s the City’s development policy was that the Hospital’s operations be directed towards Broadway and away from Center Street. The current institutional area is bounded by Congress Street, Center Street and Broadway. Mr. Gould noted that this request is consistent with the City’s Land Use and Zoning Policy Maps. Should this property become part of the Saint Joseph Hospital complex the City would expect that the institution would develop it consistent with the previously outlined policy, and to include additional required setbacks and buffers between G&ISD development and adjacent residential properties. The Comprehensive Plan envisions this property to be Government and Institutional Service District. Those properties held by private individuals have the ability to maintain their property as long as they want to. As this request is consistent with the City’s development policy for this area and consistent with the Comprehensive Plan, Staff recommended that the Planning Board make a positive recommendation to the City Council. Mr. Theeman said that he felt that it is very bad public policy to approve a zone change without the knowledge of the proposed use by the perspective owner. 4 Chairman Guerette noted that the Board has spent a lot of time in updating the Comprehensive Plan and that it is clear that this entire area is recognized as an area to be available for Government and Institutional Service District zoning. For that reason, he indicated that he intended to vote in favor of this request. Chairman Guerette asked Associate Member Mitchell to vote on this item. Mr. Rosenblatt moved to recommend approval to the City Council of the application submitted by Mr. Tsoulas at 118 Congress Street to change the zone from Urban Residence One District to Government and Institutional Service District as depicted in Council Ordinance No. 05-340. Mr. Wheeler seconded the motion. The Board voted four in favor and one opposed to recommending approval of C.O. # 05-340. Item No. 2: To amend the Land Development by changing a parcel of land located at 229 Bomarc Road from Urban Service District to Low Density Residential District. Said parcel containing approximately 4.1 acres. Woods of Maine, Inc., applicant. C.O. # 05- 341. Chairman Guerette opened the Public Hearing and asked for a presentation from the applicant. Mr. Mike Wood, representing Woods of Maine, Inc., indicated that they are requesting a zone change to use the 4.1-acre parcel for residential use apartments and possibly as condominiums. Woods of Maine Inc., is the developer of the abutting residential Woodridge Subdivision. Previously, the applicant received Planning Board approval to construct a warehouse and 30 self-storage units on this site. Mr. Rosenblatt asked if this area was previously used for industrial uses. Mr. Wood indicated that it has been vacant for quite some time. Mr. Rosenblatt indicated that the parcel presently serves as a buffer between the existing residential use and the industrial area. He indicated that because there are a variety of industrial uses that will be permitted next door to this, any use of the property needs to include buffers to mitigate the impact. He asked the applicant if he had given thought to this. Mr. Wood indicated that there is presently a street that goes by WA Bean that separates this lot from the abutting industrial lot. The WA Bean building is the closest industrial business to this site and the street separates the lots. Mr. Wood added that his presently approved site plan includes a B Buffer and he would do the required buffering. Mr. Brian Snowden, who lives on Lot 29 in the abutting Woodridge Subdivision, indicated that he had purchased his lot with the expectation that there would be storage buildings built next door. He indicated that he was very 5 concerned that the applicant was now proposing to construct condominiums on this site. He said that with the storage building proposal he pictured them as a low-impact buffer with a fence that would provide more protection and privacy to his lot. Mr. Theeman asked if the zone change request were approved would there be access for the property owners to Lot 41 and how did they get access. Mr. Wood indicated that the existing open space will not be altered in any way and that access was thru a pathway that goes through to Briarwood Drive. Ms. Debbie Russell, owner of Lot 31 in the abutting subdivision, also spoke in opposition. She indicated that when she purchased the property she was told that nothing would be developed on the adjacent lot but storage units. She indicated that the applicant had just spoken to her and indicated that they are planning to build as many condominiums on this lot as the density will allow. She indicated that she did not like the idea of condominiums being built there and was very concerned. Ms. Russell wondered why all the residents in the subdivision did not get individual notice of the proposed rezoning as it abutted the commonly held open space parcel. Planning Officer Gould indicated that the open space parcel was included in the notice list, but that the tax assessment still goes to Woods of Maine Inc. Chairman Guerette noted that the Board sees many many items with requests that effect neighbors. The items that are easier to deal with are those where the developer has had full disclosure with the neighbors. He indicated that he would encourage the applicant to do some public relations work to explained what his plans are to have more clarity and support for what he is trying to do. As no one else spoke, Chairman Guerette closed the Public Hearing and asked the applicant for rebuttal comments. Mr. Wood indicated that he felt that he was being a better neighbor by adding residential units as opposed to storage units as they can be utilized at all hours. Mr. Clark asked what the density would be for this development. Mr. Wood indicated that the 4.1-acre parcel would not have access to Edgewood Drive but off of Bomarc Road. At this point he is look at constructing condominiums possibly in a cluster to keep them closer together. At this time, however, he does not have a concept plan. Chairman Guerette then asked for comments from Staff. Planning Officer Gould noted that the parcel of land is at the south end of an area proposed for industrial use in the City’s Comprehensive Plan Land Use Concepts Map. 6 However, the Zoning Policy Map proposes it as Low-Density Residential. The basic issue for any zone change is its consistency with the City's Comprehensive Plan. The industrial uses and zoning in the Bomarc Industrial Park were encouraged there before the area’s residential growth as a way to reuse the pre- existing Bomarc Missile Base, which originally was established there far from other development. The Planning Staff finds that the inconsistency between the maps of the Comprehensive Plan could allow it to go either way. Mr. Gould noted that the Urban Industry District is the City’s most intensive and least restrictive industrial district. While the City should continue to support the existing businesses in the park, it would be better for the surrounding and growing residential neighborhood that it not expand. Expansion of residential development in the area would be preferable. For this reason, Staff recommended that the Planning Board recommend approval of the zone change request to the City Council. Mr. Rosenblatt said that he understood how it would be a problem if developed for industrial purposes as there are a wide range of uses that could be permitted on this property. He indicated that he would have more enthusiasm if there was some buffering that was going to happen. Mr. Rosenblatt asked if Staff had discussed a contract zone change. Planning Officer Gould indicated that Staff did not feel that contract zoning was warranted. The debate is to buffer the new residential and the existing industrial and the people in the subdivision want buffering between the old residential and the new residential. This is an area where Low Density Residential use fits. Staff would like to eventually see this entire area for residential use. Mr. Rosenblatt asked what the differences would be in buffers. Planning Officer Gould indicated that it would depend on the zoning and the development. If it is a single-family development, there would be no buffer. Mr. Theeman asked if the applicant could increase the size of this 4.1 acre parcel. Mr. Gould indicated that the applicant owns the adjacent Low Density Residential Parcel and the potential to get a greater than 5 acre parcel is highly likely. There is significant acreage that is not developed. As there were no other comments, Chairman Guerette asked for a motion. Mr. Clark moved to recommend approval to the City Council of the zone change request at 229 Bomarc Road from Urban Industry District to Low Density Residential District for Woods of Maine Inc., as depicted in C.O. # 05-341. Mr. Rosenblatt seconded the motion. The Board voted five in favor and none opposed to the motion recommending approval. 7 Item No. 3: To amend the Land Development Code by changing a parcel of land located at 40 High Street from Multi- family and Service District to Downtown Development District. Said parcel containing approximately .18 acres. Anastasia International , applicant. C.O. # 05-342. Chairman Guerette opened the Public Hearing and asked for comments from the applicant. Mr. Phillip Sykes, General Manager of Anastasia International, Inc., spoke in favor of the proposed zone change request. He indicated that he wishes to use this historic property for mixed-use, office and residential use. He has acquired this property with the intention or renovating it. Anastasia International is a Russian-American Dating Agency. They propose to move their offices and their three employees into the first floor of this building. The remainder of the building will be for residential use. In order to do this, it would need to be rezoned as Downtown Development District Zoning. He noted that he has been before the Historic Preservation Commission and has received their approval. Because of the topography it is impossible to provide parking so re-use of the building is limited. They propose to rent 6 parking spaces from the adjacent property owner for tenant use. Mr. Sykes also owns the Elk River Development Company which has its main shop located in Freedom ndustrial Park. Mr. Rosenblatt asked if there was pedestrian access to Columbia Street. Mr. Sykes indicated that they had a pedestrian access to Columbia Street but due to the fact that the stairs are so steep they are planning to block them off with a gate. They also plan to rent poles from Bangor Hydro to install lights to shine on this area for security. Mr. Wheeler commended the applicant on his presentation and the quality of materials presented to the Board. He indicated that he highly supported this application. No one spoke in opposition. Chairman Guerette closed the Public Hearing and asked for Staff Comments. Planning Officer Gould indicated that the City’s Comprehensive Plan recognizes this property as one suited for commercial use and the Zoning Policy Map indicates it as one suited for Downtown Development District use. The Downtown Development District allows a high level of development on a property with no parking requirements. The Planning Staff recommended approval of the proposed zoning change because of its consistency with the Comprehensive Plan 2000 that indicates commercial uses and Downtown Development District Zoning. 8 Chairman Guerette asked for a motion and indicated that Mr. Theeman would be voting. Mr. Wheeler moved to recommend to the City Council approval of the application for Anastasia International for a zone change from Multi-Family and Service District to Downtown Development District at 40 High Street as depicted in C.O. # 05-342. Mr. Rosenblatt seconded the motion. The motion to recommend approval passed unanimously Item No. 4: Conditional Use/Site Development Plan approval to construct 4, two-story, six-unit buildings; 2, one- story, 2 handicap unit buildings; and a community center at 222V Griffin Road in a High Density Residential District and a Resource Protection District. Penquis CAP applicant. The Public Hearing was opened by Chairman Guerette who asked for a presentation from the applicant. Attorney Ed Bearor, and Mr. Randy Bragg of Carpenter Associates, were present representing the applicant. Mr. Bearor noted the applicant’s recently completed housing development across the street from this proposal saying that it is a great success for the applicant to provide housing for a number of families. Mr. Bragg’s firm designed that development and also this one. Mr. Bearor indicated that the proposal is to construct four, six-unit buildings, two, one-story, 2 handicap unit buildings and a community center at 222V Griffin Road for a total of 28 units on a 5 acre parcel. Mr. Bearor indicated that the proposal meets all of the conditional use and site development plan approval standards. Mr. Bearor noted the sensitivity of the storm water run off to Birch Stream and that the applicant will be required to obtain a stormwater license from DEP under the new regulations that went into effect on November 1, 2005. He noted that City Engineer Ring would also be having input into this process. Mr. Randy Bragg indicated that a couple of difficult items were the sewer connection and the environmental concerns regarding stormwater runoff to Birch Stream. The applicant has decided to move one of the sewer man holes out of the Resource Protection Zone and completely bore the run from man hole to manhole and not have any open trenching, except for a receiving pit and the actual inline manhole connection, essentially eliminating any sewer connection problem to the Stream. Mr. Bragg indicated that they have a meeting with DEP on Thursday to talk about storm water runoff to Birch Stream. They are well aware of the new rules and they have brought in some expertise to help to make a plan of attack to meet those new requirements. The applicant is confident that they can meet the DEP standards as there are several options that they can do. The issue is quality not quantity. He noted that this project cannot move forward without the DEP’s blessing and they have asked the City Engineer to attend that meeting to make sure that the City’s concerns are well known. 9 Mr. Rosenblatt indicated that he was somewhat uncomfortable deferring entirely to the DEP because of the nature of the project, its proximity to the Stream, and that the Land Development Code requires that the applicant show that proposed development will not have an undue affect on Stream. Mr. Bragg explained that the traditional method proposed would be to provide most of the treatment through a wet pond. There are other methods that can be done such as putting scoops in front of a wet pond, placing catch basins, etc. The have provided at a 100 foot buffer. If need be, there are other methods that could be employed. Mr. Rosenblatt had a concern regarding the proximity of new driveways to existing driveways, how close they will be to the existing Airport Mall driveway, and how this will affect traffic and safety. Mr. Bragg indicated that they had asked Mike Waugh and Brett Hart, Traffic Engineers with James W. Sewall Company, to analyze this situation and they did not see it as being an impact to the area. Ms. Mitchell asked why there are two entrances and how far away were they from the Airport Mall entrance. Mr. Bragg indicated that it is better for a project to have two ways in and out for emergency vehicles, loading and unloading. The entrances were a couple of hundred feet away. No one spoke either in favor of or in opposition to this application. Chairman Guerette closed the Public Hearing and asked for Staff comments. Planning Officer Gould explained that this is an application for Conditional Use and Site Development Plan approval to construct 4, six unit buildings, 2, 2-unit buildings and a community center. The Resource Protection District looks at utilities as a conditional use which is also something for the Board to consider. This is the second project that Penquis CAP has brought before the City that is designed to provide affordable housing in the City. This project will have public sewer and water and approximately 71 parking spaces to serve the units. The applicant has opted to construct 6 units within a building which makes it a conditional use in the District. (Had they proposed to construct four unit buildings this would have been a permitted use in the District.) That is an allowable option as they have at least 5 acres and the development does not exceed the maximum density. The project meets the development standards of the district and also meets the setbacks, lot coverage, parking, and buffer standards. Staff feels that the project is consistent with the building bulk and styles in the area. Mr. Gould noted that the applicant has provided pedestrian access within the development itself. At the time of the Staff Memorandum there were two outstanding issues regarding storm water quality. For many years the City has 10 dealt with the quantity of stormwater to make sure that the peak run off at the predevelopment stage is no greater than the post development stage. Storm water quality is a new standard. It is not in the Land Development Code but Staff was uncomfortable, with all of the issues surrounding Birch Stream, to rushing in and approve this without having some discussions with DEP regarding water quality because the City wants to work with the DEP. The applicant needs to get a permit from the State, Therefore, Staff is comfortable to condition approval subject to a DEP permit, or if there are other changes to the plan that it comes back to the Board. The other issue was relative to work in the Resource Protection District relative to a sewer crossing. The applicant has amended the plan to move the manhole outside of the Resource Protection District and now proposes to bore underground without digging an open trench to go from manhole to manhole thus eliminating erosion in the streambed. City Engineer Ring explained that there is 150 feet of distance between the entrance and the Airport Mall and 230 feet to Mitchell Street. There is a center turn lane that allows for these movements. The center lane allows for 7 or 8 vehicles to turn 400 feet between of the major access points and that is an excellent sight distance. The sanitary sewer solution that has been proposed addresses concerns of Staff. Mr. Ring explained that there has been sensitivity about the Birch Stream water quality as it doesn’t meet the requirements. The DEP has been working with the City and other stakeholders to analyze impacts of water quality on Birch Stream and how to fix it. They have issued a draft report and it predicts the amount of pollutants. Ms. Mitchell asked if Mr. Ring saw a conflict on the other side of Griffin Road with other driveways. Mr. Ring indicated that the impact of 34 vehicles per peak hour is not an awful lot and he did not think it will be large issue here. Mr. Ring indicted that the City recently adopted a storm water ordinance that does speak to impacts. There are no special permits for these size projects. The City won’t issue permits, but will be involved with the DEP in its decision to issue the permit. As there were no further comments, Chairman Guerette indicated that Ms. Mitchell would be voting on this item. Mr. Rosenblatt moved to approve the conditional use request for the proposed project at 222V Griffin Road, Penquis CAP, applicant. Mr. Wheeler seconded the motion, which passed by a vote of 5 to 0. Mr. Rosenblatt moved to grant Site Development Plan approval at 222V Griffin Road, Penquis CAP, applicant with the condition that applicant obtain a DEP storm water permit. Mr. Wheeler seconded the motion. The Board voted unanimously in favor the motion. 11 NEW BUSINESS Item No. 6: Site Development Plan approval and Planned Group Development approval for construction of a 10,470 sq. ft. parking lot expansion and associated improvements at 28 Somerset Street and 112 Broadway in a Government and Institutional Service District and a Multi-family and Service District. John Bapst Memorial High School and Seven Islands Land Company, applicants. Mr. Wheeler indicated that he found it necessary to make disclosure to the Board that he occasionally is a substitute teacher at John Bapst Memorial High School. He said that he is of the personal opinion that he does not have a financial interest but to be on the safe side he contacted the City Attorney’s Office who felt that it does constitute a financial interest. Mr. Wheeler asked the Board Members for their opinion. Ms. Mitchell felt that if the City Solicitor felt that there was a potential conflict that it would be safe for Mr. Wheeler to recuse himself. Ms. Brown and Mr. Clark agreed. Mr. Rosenblatt indicated that while he did not feel that Mr. Wheeler’s decision would be influenced, it would be best to abide by the advice from the Solicitor’s Office. Mr. Wheeler indicated that he would accept the Board’s opinions and asked to be recused. Mr. Rosenblatt moved to recuse Mr. Wheeler from voting on this item. Mr. Clark seconded the motion, which carried unanimously. Chairman Guerette noted that Associate Members Brown and Theeman would be voting and he asked for a presentation from the applicant. Mr. Ray Bolduc of WBRC Architects-Engineers represented the applicants John Bapst Memorial High School(JBMH) and Seven Islands Land Company (SILC) who are requesting Site Development Plan approval and Planned Group Development approval for construction of a 10,470 sq. ft. parking lot expansion and associated improvements at 28 Somerset Street and 112 Broadway in a Government and Institutional Service District and a Multi-family and Service District. Mr. Bolduc noted that Landis Green, Headmaster of John Bapst Memorial High School and Attorney Mike Clishman of Eaton Peabody were also present to answer questions. Mr. Bolduc explained that they are proposing a 21- space parking lot expansion, lighting, curbing, and landscaping. Both applicants will access the site thru a shared drive off of Somerset Street. Additional buffering will be placed along Broadway that exceeds Land Development Code requirements. The proposed lighting will match that on Broadway next to the school but will be at a smaller scale. 12 Mr. Rosenblatt asked if the property immediately adjacent is a residence, what kind of buffer is proposed and if the lighting will have any impacts or issue. Mr. Bolduc indicated that the plan depicts a stockade fence, the existing vegetation will remain and they do not expect any issues from the proposed lighting. No one spoke either in favor or in opposition and Chairman Guerette asked for Staff comments. Planning Officer Gould explained that in 1994 the applicants on adjoining parcels that formerly housed the Jewish Community Center received approvals to reuse the building on the corner of Broadway and Somerset Streets as an office for SILC and to construct parking lots with a shared driveway. SILC completed their portion of the project, but JBMHS never built theirs and the approval lapsed. The plan now before the Board seeks the same goal of parking lots with joint access, except that JBMHS proposes a larger parking lot through demolition of a post-World War II addition built for the Jewish Community Center. A new walkway from the parking lot will be constructed to the much older remaining building. The plan depicts 15 existing parking spaces and proposes 21 additional spaces for a total of 36 spaces. The applicant has provided a document for cross-easements and as a Planned Group Development (Section 165-69) buffers and setbacks are not required between adjoining parcels as they are provided around the perimeter of the proposed parking lots. Mr. Gould indicated that this plan has received approval from the Historic Preservation Commission (HPC). Among the details of the HPC approval were lighting fixtures similar to those on Broadway by the existing school. The plan provides B Buffers along the street and C Buffers where the parking lot abuts residential districts to the north. Mr. Gould indicated that Staff finds that the proposed plan meets Ordinance and submittal requirements and Staff recommended Site Development Plan approval of the Planned Group Development for John Bapst Memorial High School and Seven Islands Land Company at 28 Somerset Street and 112 Broadway. Chairman Guerette noted that the Board need to make two motions. Mr. Rosenblatt moved to grant Site Development Plan approval for the project at 28 Somerset Street and 112 Broadway John Bapst Memorial High School and Seven Islands Land Company, applicants. Mr. Theeman seconded the motion, which passed by unanimously. Mr. Rosenblatt moved to grant Planned Group Development approval to the proposed project located at 28 Somerset Street and 112 Broadway John Bapst Memorial High School and Seven Islands Land Company, applicants. Mr. Theeman seconded the motion that passed unanimously. 13 Item No. 7: Site Development Plan approval to locate a new storage tank on a 144 sq. ft. concrete pad located at 58 Bennett Street in an Urban Industry District. Down East Emulsions Limited Liability, applicant. Chairman Guerette indicated that Associate Member Mitchell would be voting on this item, and then asked for a presentation from the applicant. Mr. Dick Day of Plisga & Day, spoke on behalf of the applicant. Mr. Day explained that this is a modification of an existing site plan. The changes to the site are to add a single-storage tank with a capacity of 10,000 gallons and the storage tank is to be set on a 12’ x 12’ concrete pad 16 feet high. The issue that took time to resolve was the setback of the tank that is going to be positioned 15.9 feet from Bennett Street. The applicant had an easement that provided an additional 25 feet for the purpose of maintenance but that easement could not be used for purpose of meeting the setback requirements. The applicant has negotiated with City Staff a language amendment to meeting the setback requirements. Mr. Day indicated that this is a well-established industrial use in the zone and is surrounded by other industrial uses. Mr. Rosenblatt asked if there is still rail line there, and is the area within the easement is this part of the street or travelway. Mr. Day indicated that there is a rail line there which is inactive and no cars are using that siding now and the applicant does not receive product via rail. The travelway of Bennett Street actually ends at the entrance drive of the applicant’s driveway. The street does not continue beyond that point even though the right-of-way still exists. There is no actual street. Chairman Guerette then asked for Staff comments. Planning Officer Gould explained that the applicant, Down East Emulsions Limited Liability, requests Site Development Plan approval to construct a new storage tank on a 144 square-foot concrete pad at 58 Bennett Street in an Urban Industry District (UID). Mr. Gould indicated that the applicant has submitted additional information requested by Staff such that the plans are now complete and have all required elements. Staff finds that the Site Development Plan is consistent with the Site Plan Submittal requirements (under 165-114) and Staff recommended approval. 14 Chairman Guerette asked for a motion. Ms. Mitchell moved to grant site development plan approval at 58 Bennett Street for Down East Emulsions Limited Liability, applicant. Mr. Clark seconded the motion, which passed unanimously. Item No. 8: Site Development Plan approval to construct a 2,000 sq. ft. addition to the existing building located at 345 Target Industrial Circle in an Industry and Service District for storage use and loading docks. Bangor Millworks/ Hardy Associates, applicants Chairman Guerette asked for a presentation from the applicant. Mr. David Hardy, M.D. Hardy Associates, explained that his company owns the property at 345 Target Industrial Circle. In 1994 they sold property at 355 Target Industrial Circle to Bangor Millworks who wishes to expand their building by constructing a 2,000 sq. ft. addition to their building. I doing so, they created a setback issue that they have tried to address with this plan. To make both facilities conform to the new standards, as far as set backs, it is necessary to lease additional property to Bangor Millwork from Hardy Associates so that they can maximize their expansion on their lot to satisfy the requirements that they need to expand their business. Mr. Hardy indicated that they submitted stormwater information requested by the City Engineer. Planning Officer Gould indicated that the proposal before the Board is to expand the Bangor Millworks’ building. The Bangor Millwork building was originally approved in 1979 and expanded in 1986. It was approved as two buildings on one lot in 1986 and the site was split into two separate lots in 1994. The proposal to expand the millwork building is complicated by the fact that the existing lot was built-out to near the maximum impervious surface (ISR) limit of 70%. In order for the site to meet the ISR standard, 10,635-square feet will need to be leased from the adjacent property. Staff has worked with the applicant’s designer and the adjoining property owner (both MD Hardy Inc.) to insure that both lots will conform to the minimum district standards of the Industry & Service District. Mr. Gould indicated that both buildings are served by public sewer and water utilities. The expanded Bangor Millworks building will provide the current ordinance buffer yards on the portions of the lot where the new expansion is occurring and the existing vegetation will be preserved in the side and rear yard of the land that will be leased. The City Engineer’s Office had requested that the applicant provide more information to insure that the proposed new impervious area does not create any adverse off-site impacts. The applicant has provided this information and the City Engineer has found it acceptable. 15 The Planning Staff finds that the Site Development Plan application is in order with the exception of an executed lease agreement and Staff would condition any approval upon the lease agreement being executed and submitted to the City within 30 days of Planning Board’s approval. Chairman Guerette indicated that Ms. Brown would be voting on this item. Mr. Rosenblatt moved to approve the Site Development Plan at 345 Target Industrial Circle for Bangor Millworks/ Hardy Associates, applicants with the condition that there be a lease of sufficient adjacent land area to satisfy the Industry and Service District, and that a copy of the executed lease be provided to the City within 30 days. Mr. Wheeler seconded the motion. The motion passed unanimously APPROVAL OF MINUTES Item No. 5: Planning Board Approval of Minutes There were no minutes ready for approval. OTHER DISCUSSION Chairman Guerette noted that the Board would continue discussion on the proposed changes to the By-laws, if the schedule allows, at the next regularly scheduled meeting. He noted that Mr. Gould would be providing the Board with comments. There being no further discussion, the Meeting was adjourned at 10:03 p.m.