HomeMy WebLinkAbout2004-04-07 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF APRIL 7, 2004
MINUTES
Board Members Present: Richard Fournier, Chairman
David Clark
Robert Guerette
Ryan King
Hal Wheeler
City Staff Present: Katherine Weber
David Gould
Peter Witham
News Media Present: None
Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Board
Member Costlow, Associate Member King was asked to vote.
CONSENT AGENDA
Chairman Fournier called for a motion on the Consent Agenda. Mr. Guerette moved to
approve the Consent Agenda. Mr. King seconded the motion that carried by a vote of 5 to 0.
The items approved were:
Item No. 1: Site Development Plan approval to fill and grade property located at 932
Finson Road – S.E. MacMillan Co., Inc., applicant.
Mr. Stanley MacMillan asked if he could receive a longer completion date for his filling
activity at the Finson Road site. He indicated that the old gravel pit will be the site of many years
of filling in conjunction with various construction projects with excess material.
Planning Officer Weber indicated the Land Development Code provided a two-year time
frame for the completion of Site Development Plan approvals. An applicant could request an
extension of their completion date prior to its expiration. The two-year time frame allows the
City and Planning Board to monitor the progress of projects and keep up with changing
conditions in the vicinity.
PUBLIC HEARINGS
Item No 2: Conditional Use/Site Development Plan approval to construct twelve four-
unit townhouse buildings in a Low Density Residential District located at
1434 Ohio Street. Fox Run Associates, LLC, applicant.
Chairman Fournier opened the Public Hearing and asked for the applicant or their
representative to make a brief presentation. Mr. Fred Marshall of Plymouth Engineering
representing Fox Run Associates, LLC, explained the history of the applicants’ ownership of the
property. Mr. Marshall noted that in the late 1980’s the property was proposed for a
manufactured housing subdivision using a contract zone. That project was not built and a
standard single-family subdivision was proposed in 2003. Due to rising construction costs and
wetland mitigation the owners abandoned that proposal. The current concept is for attached
residential housing that is a conditional use in the Low Density Residential District. The
townhouse plan allows the development to be clustered at the front, upland portion of the site.
Mr. Marshall indicated that there would be 12, 4-unit buildings. Building elevations were
provided to show what they would look like. The plans were modified slightly to accommodate
maneuverability of emergency vehicles. Fire hydrant locations were adjusted, and the plan now
indicates four hydrants within the project.
Mr. Guerette asked what the acreage of the developed portion of the site would be. Mr.
Marshall indicated that the development occupied about a third of the parcel. The actual building
and pavement was slightly less than 2 acres.
Mr. King asked Mr. Marshall to point out the wetlands being impacted. Mr. Marshall
identified the 3,117 square-foot wetland area being impacted.
Chairman Fournier asked for any proponents. There being none, he asked for any
opponents. Mrs. Victoria Holman of 1448 Ohio Street indicated that she owned about 1 acre of
land abutting the project. She indicated that she had lived there for approximately 15 years. Mrs.
Holman asked who the owners of the property were, and what was meant by a conditional use
application.
Mr. Marshall explained that Fox Run Associates, LLC were the owners, and that they are
based in Windham, Maine. A conditional use is a specific category in the land use ordinance that
requires the Planning Board to make specific findings as to the standards of Section 195-9 that
deals with traffic, development intensity and compatibility. Mrs. Holman indicated that she had
seen the area developed over time with a variety of development projects. The neighbors had
directed all projects towards single family homes, something compatible with what they had in
the neighborhood.
Mrs. Holman indicated that Sunny Hollow, Al Benner’s project, was the first. They are
all single family homes. The proposed project will be adjacent to existing single family parcels.
All the recent development has been single family residential. Rental housing is inconsistent.
The whole area has been expanding as a residential area, including Brown Woods Park. Mrs.
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Holman presented 40 signatures of residents in opposition to the multi-family buildings. Mrs.
Holman indicated that there is quite a lot of traffic on Ohio Street now, and speeds are well in
excess of the posted limit.
Mr. Dave Randall of 41 Dana Drive indicated that he was opposed to the project. He said
that he felt that multi-family rental housing is not consistent with single-family homes. Presently,
heavy morning traffic backs up at the intersection of Ohio and Griffin at the light.
Ms. Helen Golding indicated that she lives at the intersection of Ohio Street and Blue Hill
West at 1467 Ohio Street. She also sees heavy traffic at 7:30 a.m. She speculated that new
traffic lights will be needed. Her records indicate that in 1985, the traffic count was 7,870. In
2001, the traffic count had increased to 11,000. The intersection at Ohio and Griffin has
inadequate turn lanes.
Mr. Francis Ellsworth of 1420 Ohio Street asked why the Planning Board should be
concerned if the project was economical for the applicant. He also asked what happened to the
originally proposed fencing. Mr. Ellsworth indicated this was not a consistent development type.
Mrs. Rita Gallant of 42 Dana Drive indicated that they had just moved to this location
and found it to be a quiet residential area. Townhouse development is inconsistent. Ohio Street
cannot accommodate the additional traffic from additional apartment units. Mrs. Louise Morin
Smith of 1541 Ohio Street indicated that she has resided there for 18 years. She raised her
children there, and said that it is a nice location. She noted that traffic has tripled in her tenure.
Much of it is too fast. She stated that many small children live in the area now.
Mr. Joe Gallant of 42 Dana Drive said that there was a wooded area next to the project
site that is wet well into the summer, and asked if additional stormwater would be added to
compound that problem. Mrs. Victoria Holman indicated that she was familiar with rental
properties that may be occupied by younger people with more visitors. She stated that the life
style of renters is different than that of single family development.
Mr. Wheeler asked what is the essence of the objection. He questioned that isn’t a town
house unit residential? Mrs. Holman indicated that only single-family residences are consistent
with the neighborhood. Mr. Wheeler inquired are not some retirees renters? He indicated that he
understood homeowners’ concerns about change. Things do change; but it is the quality of
development that we should be concerned about, and it’s consistency with our code
requirements. It would not seem to be prudent to halt development. As for traffic issues, they
should be directed to the Police Department that has proven effective in these maters. Mrs.
Holman indicated that she was not against development, just specific types. She did not want this
portion of Ohio Street to become like Ohio Street between Westland and Griffin Road.
Chairman Fournier asked Mr. Marshall if he would like to respond to any of the issues
raised by the opponents. Mr. Marshall indicated that traffic is an issue State-wide. Traffic
volumes increase as new development occurs. Mr. Marshall indicated that the level of traffic
generated by the proposed project is relatively small when compared to the total Ohio Street
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volumes. The project does not warrant review by the Maine Department of Transportation. The
proposed project is not intended to be assisted housing.
Mr. Guerette asked about the number of bedrooms and size of units. Mr. Marshall
indicated the units would be 576 square feet per floor with two bedrooms upstairs. Mr. Clark
indicated that the change from single family dwellings to apartments may be of little significance
traffic-wise.
Chairman Fournier asked for any other opponents. There being none, he asked for Staff
comments. Ms. Katherine Weber, Planning Officer, indicated that this applicant, Fox Run
Associates LLC, requests Conditional Use and Site Development Plan approval to construct 12,
four-unit townhouse buildings at 1434 Ohio Street in a Low Density Residential District. Ms.
Weber noted that every district has permitted and conditional uses. Those that are conditional
uses must meet additional conditional use standards. Planning Officer Weber read the definition
of Attached Residential “A complex of residential structures consisting of individual self-
contained dwelling units and/or accessory use structures which are joined by a common wall but
accessible only directly from the out-of-doors and not through the interior of other joined units.”
Ms. Weber noted that that use is a Conditional Use in the Low Density Residential
District. She also noted that the Planning Board has no review of occupancy types (owner
occupied or renter occupied). The proposed conditional use must be a minimum of five acres, it
must meet the requirements of Article XIX, and receive approval under Article XVI.
Ms. Weber indicated that the Staff finds that the application meets the specific
conditions. The parcel is in excess of 9 acres. The LDR density is 5 units per acre for Attached
Residential, with no more than 6 units in a single building. The project proposes a density of 4.98
units per acre, and no more than 4 units in any building. The project meets applicable lot
coverage, setbacks, and minimum parking standards. With respect to the standard conditions
for granting Conditional Use approval, Staff finds that the applicant’s agent has submitted traffic
calculations for existing and proposed conditions based on Residential Townhouse use with a
p.m. peak hour of 26 trip ends. The proposed buildings are two-story “townhouse” style units
with individual outside access doors. The project will be served by public sewer and public water
service. The project has 4 fire hydrants for fire protection. The plan indicates 96 proposed
parking spaces. This type of development is appropriate for the location given the large lot size
(9.62 acres) and architectural style of the proposed dwelling units.
Ms. Weber noted that the City Engineer’s Office has reviewed the project’s stormwater
management plans and finds them acceptable. She concluded that Staff finds the application
complete and consistent with the standards for Conditional Use and Site Development Plan
approval.
Mr. Guerette asked the Planning Officer how the project met the density of the LDR
District. Ms. Weber indicated that the density is based on the parcel size divided by the number
of units in the project. Mr. Guerette asked if the Comprehensive Plan covered this part of the
City. Ms. Weber indicated that it did, and it was intended for Low Density Residential
development consistent with the proposed project.
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Mr. Wheeler reviewed the various permitted and conditional uses in the LDR District.
The statement of purpose provides for innovative or traditional designs. Member King asked
how the Board should interpret building bulk, height, and land area ratio to building area for this
project. Planning Officer Weber indicated that the Board Members should formulate their own
opinion. She indicated that the building modules were not out-of-scale and the overall density of
the development was consistent with Low Density Residential development.
Mr. Clark noted that traffic is an ongoing issue around the city. Mr. Clark moved to
approve the Conditional Use application for Fox Run Associates. Mr. Wheeler seconded the
motion. The Board voted 3 to 2 in favor of the motion. Mr. Clark then moved to approve the
Site Development Plan application. Mr. Wheeler seconded the motion. The motion passed by a
vote of 3 to 2.
Chairman Fournier noted to pass on the issues of traffic on Ohio Street to the City
Engineer.
APPROVAL OF MINUTES
Item No. 8: Planning Board Approval of Minutes.
Mr. Guerette moved to approve the Minutes of the March 16, 2004 Meeting. The motion
was seconded by Mr. King, and it passed by a vote of 5 to 0.
OTHER BUSINESS
There being no further business to come before the Board, the meeting was adjourned at
8:28 p.m.
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