HomeMy WebLinkAbout2004-07-20 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JULY 20, 2004
MINUTES
Board Members Present Robert Guerette, Chairman
David Clark
Hal Wheeler
Ryan King
Nathaniel Rosenblatt
City Staff Present: Katherine Weber
James Ring
David Gould
Peter Witham
Chairman Guerette called the meeting to order at 7:00pm, and asked if any
member of the Board wanted to remove any item from the Consent Agenda.
Mr. Rosenblatt indicated that he wanted to hear so more explanations on item
number 2. Mr. King indicated he had some questions about item number 1.
Mr. Wheeler asked whether the Board needed to vote on removing these items from
the Consent Agenda. Chairman Guerette indicated it was the purview of any member to
have an item removed from the Consent Agenda.
Item No. 1: Final Subdivision Plan Revision approval to revise Lot 9 in
the Fairways Subdivision. James and Michelle Beardsley,
applicants.
Mr. Dick Day representing James and Michelle Beardsley indicated the proposed
amendment to the Subdivision Plan was to accommodate a structure that encroached a
stormwater easement. The structure encroached the easement area by approximately 4
and one-half feet. In talking with various City Departments it was determined that a
revision of the Subdivision Plan would be the best remedy.
Mr. Rosenblatt moved to approve the revised Final Subdivision Plan of Fairways Lot 9
for James and Michelle Beardsley. Mr. Clark seconded and the board voted unanimously
to approve the final plan revision.
Item No. 2: Site Development Plan approval to construct a 13,569-
square foot retail building in a Shopping and Personal
Service District. JBN Properties Inc, applicant.
Mr. Don Becker indicated he represented JBN Realty Associates proposing to construct
a new building on Longview Drive.
Mr. Rosenblatt asked if he could explain the details of the right of way on the property
and what impact the development of the right of way would have on his site
development plan.
Mr. Becker indicated the right of way serves land further back towards Chase Road and
should any development there desire a second access point this right of way would give
them an access on Longview Drive. Mr. Rosenblatt asked should the use of the right of
way require parking and other elements to be moved they were prepared to do so? Mr.
Becker responded the parking that would be lost, are excess spaces, above the
minimum required spaces.
Mr. Rosenblatt moved to approve the Site Development Plan of JBN Realty Associates
Mr. King seconded and the board voted unanimously to approve the site development
plan.
PUBLIC HEARINGS
Item No. 3: To amend the Land Development Code by changing a
portion of a parcel of land located at 200V Target Industrial
Circle from Industry and Service District to Urban Industry
District. Said portion of parcel containing approximately
9.3 acres. Albion Dorr, Jr., applicant. C.O. # 04-221.
Chairman Guerette opened the public hearing and asked for a brief presentation from
the applicant of his representative.
Mr. David Web of Web’s RV indicated they were seeking the zone change to store and
repair recreational vehicles on the site.
Chairman Guerette asked for any other proponents. Being none he asked for any
opponents. Again being none he asked for Staff comments.
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Planning Officer Weber indicated the applicant, Albion Dorr, Jr., requests a Land
Development Code Map Amendment for 9.3 acres of a 13.94-acre parcel from Industry
and Service District to Urban Industry District. Ms Weber noted based on a
determination of the Code Enforcement Office the RV storage and repair use is not
allowed in the Industry and Service District. The present Dorr property is split into three
different zoning districts.
The Dorr parcel being considered for rezoning from Industry and Service District to
Urban Industry District is designated for industrial uses on the Comprehensive Plan
2000 “Land Use Concepts Map.” Both the I&S and UID districts allow industrial and
commercial uses. The Land Use Concepts Map is a conceptual representation of the
existing land uses and policies for this particular area of the City that has been
designated for industrial and commercial activities.
The dominant zoning policies for this area are Industry and Service, Urban Industry and
General Commercial and Service. The Dorr property is somewhat unique in that it has
all three of these zoning policy district designations on one parcel.
The rezoning proposal is to change from one industrial zoning designation to another
industrial zoning designation to accommodate a proposed use of the property. Mr. Dorr
is not asking to rezone that portion of his property that is zoned General Commercial
and Service District near Hammond Street. Although the zoning policy for the middle
portion of Mr. Dorr’s property is Industry and Service, the lower portion is already
zoned Urban Service District consistent with the Comprehensive Plan zoning policy.
Staff recommends that the Planning Board recommend that the City Council adopt the
requested zone change from Industry and Service District to Urban Industry District for
200V Target Industrial Circle as indicated in CO #04-221.
Mr. Rosenblatt noted that the permitted and conditional uses in the Urban Industry
District were quite broad. He asked if consideration was given to a contract rezoning?
Ms Weber indicated that contract zoning should not include specific use restrictions.
Mr. Wheeler asked for some examples of uses that might be problematic.
Mr. Rosenblatt indicated tank farms, solid waste disposal facilities, petroleum storage,
junkyards, rail-yards.
Mr. Clark moved to recommend City Council adopt Council Order 04-221 200V Target
Industrial Circle, Alan Dorr applicant.
Mr. Wheeler seconded and the Board voted 4 to 1 to recommend the City Council
adopted C.O. 04-221.
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Item No. 4: Conditional Use/Site Development Plan approval to add a
drive-thru window at 38 Bangor Mall Boulevard in a
Shopping and Personal Service District. Hamover
Associates, applicant.
Chairman Guerette opened the public hearing and asked the applicant or their
representative to make a brief presentation.
Mr. Andrew Hamilton representing Hamover Associates indicated they were present to
seek Conditional Use approval to add a drive up window to the existing restaurant at 38
Bangor Mall Boulevard.
Attorney Hamilton reviewed the Conditional Use Standards and the plan’s compliance
with those standards. He noted that they had a lease from the City of 10 feet to meet
front yard setback of 50 feet.
He indicated that traffic analysis from Michael Waugh, SEA Engineers addressed
capacity at the intersection Bangor Mall Boulevard. Level of Service D or better could be
provided and level of service B could be achieved if certain maintenance was
performed. Adequate parking and loading is provided on site. Attorney Hamilton noted
other drive-thru restaurants in the immediate area.
In conclusion, he indicated queuing for 7 cars was demonstrated at the site.
Mr. Clark asked if the site would sell items other than coffee, would there be inside
dining. The applicant indicated there would be.
Mr. Rosenblatt asked if the lease with the City had been executed? Attorney Hamilton
indicated it had. Mr. Rosenblatt asked it made sense to condition the approval on lease
being maintained for duration of use. Attorney Hamilton indicated it did.
Mr. Rosenblatt indicated in discussions with the City Legal Office he felt it was
reasonable for the Planning Board to request queuing for more than five cars if they felt
it necessary. He asked what was the basis that the applicant felt seven queuing spaces
are adequate? Attorney Hamilton responded that the traffic engineer was comfortable
with site layout and separation of queued cars and the closest the traffic signal. Other
more general discussions of queuing seems to indicate seven spaces is about right.
Mr. Rosenblatt indicated that the directional arrows on the plan seems to make all
traffic go through the drive thru.
Stan Plisga the site designer indicated that the intent is only to indicate one-way flow
through the drive thru and other traffic can turn around and exit the entrance/egress.
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Mr. Wheeler asked if someone could explain what is unreasonable traffic congestion?
Jim Ring, City Engineer indicated intersections are rated as to level of service A through
F. A, is free flowing, no delays, F is gridlock. The Maine Department of Transportation
has defined level of service D as the minimum reasonable level of service. Mr. Wheeler
noted that the Memo indicates some of the signal equipment is malfunctioning and
asked who would repair it.
Mr. Ring indicated that the City is responsible to repair it and it will get done.
Mr. Wheeler asked if there is a maintenance schedule? Mr. Ring indicated signals are
checked semi-annually.
Chairman Guerette asked for any other proponents. Being none he asked for any
opponents. Again, being none he closed the public hearing and asked for Staff
comments.
Planning Officer Katherine Weber indicated that the applicant, Hamover Associates,
requests Conditional Use and Site Development Plan approval to add a drive-up window
to the existing 2,640-square foot restaurant for use as a drive-in restaurant located at
38 Bangor Mall Boulevard in a Shopping and Personal Service (S & PS) District.
Drive-in restaurant uses are Conditional Uses in the S&PS District, and must meet two
specific conditions of the District (165-101, D (4)). These conditions are:
(1) Queuing space for five vehicles must be provided for the drive-thru window, and
(2) Additional parking must be provided for vehicles where food is to be consumed on-
premise or where service to vehicles away from the drive-up windows is
contemplated.
The Conditional Use must also meet the four Standard Conditions in 165-9, A.
Ms Weber indicated staff finds that the development standards and use conditions of
the Shopping and Personal Service District have been met, and that the proposed drive-
thru restaurant use will not generate unreasonable traffic congestion. The plan provides
adequate site improvements, including, utilities, fire protection, drainage, parking, and
loading. This use seems appropriate for the location sought, both in terms of the
proposed building type, and the proposed use when compared o the other commercial
development in the area
Staff recommends approval of both the Conditional Use and Site Development Plan
applications for 38 Bangor Mall Boulevard, Hamover Associates, applicant. Ms Weber
asked the Board to take two votes, with a condition on the lease as noted by Mr.
Rosenblatt.
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Mr. Rosenblatt moved to approve the conditional use approval subject to the condition
that the easement be maintained in force for the duration of the drive up window
conditional use.
Mr. Wheeler seconded, and the Board voted unanimously to approve the Conditional
Use as noted.
Mr. Rosenblatt moved to approve the site development plan for 38 Bangor Mall
Boulevard, Hamover Associates Applicant.
Mr. Clark seconded and the Board voted unanimously to approve the Site Development
Plan for 38 Bangor Mall Boulevard, Hamover Associates Applicant.
APPROVAL OF MINUTES
Item No. 5: Planning Board approval of Minutes.
Mr. Wheeler moved to defer the approval of Minutes to the next regularly scheduled
meeting. Mr. Rosenblatt seconded and the Board voted unanimously to continue the
Minutes.
Item No. 6: Site Development Plan and Developmental Subdivision
Plan approval to construct a 32-Unit residential
condominium complex at 84V Summer Street in a
Waterfront Development District. Penview Associates, LLC,
applicant.
Mr. Rosenblatt requested to be allowed to abstain from voting as his law firm
represented the applicant. Mr. King moved to excuse Mr. Rosenblatt from voting on this
item. Mr. Clark seconded and the Board voted 4 to 0 to excuse Mr. Rosenblatt from
voting on the Penview Associates application.
Chairman Guerette asked if the applicant or their representative would make a brief
presentation on the application.
Mr. Steve Ribble of Ames A/E indicated he represented Penview Associates in their site
development plan and developmental subdivision. The building will be located on the
corner of Railroad and Summer Street. Mr. Ribble explained the existing site
development and surrounding uses.
The first floor of the building is parking garage. Additional spaces in a surface lot will
total 56 spaces on-site. It is a five-story building, one level being parking. The four
floors above the parking level are apartment units. Mr. Ribble stated the project is
consistent with Waterfront Master Plan and the Waterfront Development District.
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Mr. King asked if the buildings architectural style would fit in with Bangor and
surrounding structures?
Roch LeBlanc Ames A/E indicated the building would have a masonry finish in a classical
treatment. Non protruding porches were designed so as not to impact the facades
overall appearance and maintain the continuity with surrounding buildings.
Chairman Guerette asked if the two-foot set back might cause visual obstruction.
Steve Ribble indicated the setback from the actual street travel way is 12 feet. Sight
lines should not be obscured. Cars leaving the building can stop before they enter
traffic.
Mr. Clark asked when the applicant expected the project to be completed? Mr. Ribble
indicated fall 2005.
Chairman Guerette asked for Staff comments.
Planning Officer Weber indicated the applicant, Penview Associates, Inc., requests Site
Development Plan approval to construct a five-story, 81,882-square foot building for
thirty-two (32) residential units at 84 Summer Street in the Waterfront Development
District.
The City-owned site is at the corner of Summer and Railroad Streets, and also fronts on
South Street. This site on the Bangor Waterfront Master Plan has been designated for
residential development. The City of Bangor is proposing to create a 1.25-acre parcel
for this use
Ms Weber noted the proposed site development meets all of the development standards
of the Waterfront Development District except for the front building setback along
Summer Street. The development agreement provides the applicant a lease for half of
the Summer Street Right of way. Staff finds that the application meets the standards of
Article XVI, and recommends that the Board grant Site Development Plan approval for
84 Summer Street, Penview Associates, applicant.
Chairman Guerette asked how this residential project fits into the master plan for the
waterfront.
Rod McKay, director of Community and Economic Development indicated the project
stems from a request for proposals (RFP) issued by the City. This project will fill the
Master Plan’s housing component on City property. There are other areas to the south
which designate housing on private property. Mr. McKay did mention that they have
discussed condos on the upper level of a hotel proposal.
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Mr. Clark moved to approve Site Development Plan and Developmental Subdivision for
84 Summer Street Penview Associates. Mr. King seconded and the Board voted
unanimously to approve the plans.
Other Business
Planning Officer Weber indicated, to follow up on the Board’s previous orientation
meeting, work on the Comprehensive Plan needs to be discussed. Some efforts have
been made to look at mediation on the Penjajawoc Marsh Stream issues to try and
achieve overall agreement or consensus. The intent is to try and resolve the continuing
debate that permeates many project reviews. The Board will not directly participate due
to their role as a quasi-judicial body, but should follow the discussion.
Mr. Rosenblatt indicated that some discussion of the Comprehensive Plan update would
be very valuable. Ms. Weber agreed.
Wheeler asked about the mediation’s legal authority? Ms Weber indicated it would have
none, it would be advisory like a memorandum of understanding. Mr. Wheeler asked
how the mediators would be selected? Ms Weber indicated that stakeholders or
representatives would represent various groups but all the details have not been
fleshed out yet.
Mr. Wheeler asked if this would in any way alter the Planning Board’s role in adoption
of the Comprehensive Plan. Ms Weber indicated the Board would still be the entity
proposing the Comprehensive Plan. Mr. Wheeler asked that the Board be kept posted.
Mr. Rosenblatt asked if other elements would be on hold while this process follows
through.
Ms Weber indicated it would not necessarily but there are only some many staff people
to manage all the ongoing efforts of the Planning Office.
Chairman Guerette asked that the Board be kept up to date on meetings and
discussions. Jim Ring City Engineer indicated discussions on finding common ground
were encouraging and it would be good to end of lengthy testimony that presently
occurs on every project near the marsh. Chairman Guerette indicated the City should be
a stakeholder given its interest in the development and parallel service road
construction. Mr. Ring indicated the City’s desire is to be a facilitator not a participant in
the discussion.
Mr. Guerette reiterated the Board should be advised of any meetings or discussions.
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Mr. Rosenblatt indicated he would like to discuss a site visit to the property on Essex
and Lancaster on the next Agenda. Then the applicant would be informed and the
Board could discuss how it could be accomplished if they were in agreement.
Being no further comments the meeting was adjourned at 8:44 p.m.
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