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HomeMy WebLinkAbout2004-02-17 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF FEBRUARY 17, 2004 MINUTES Board Members Present: Richard Fournier, Chairman David Clark Robert Guerette John Hanson Ryan King Hal Wheeler City Staff Present: Katherine Weber Peter Witham David Gould News Media Present: None Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Member Costlow, the Chairman indicated that Mr. King and Mr. Hanson would alternate voting, in that order. PUBLIC HEARINGS Item No. 1: Conditional Use/Site Development Plan approval to operate a kennel in the Rural Residential & Agricultural District located at 220 Church Road. Joseph R. Dahl, applicant. Chairman Fournier opened the Public Hearing and asked the applicant or his representative to make a brief presentation of the project. Mr. Joseph Dahl, the applicant, indicated that he desired to train bird dogs at his property at 220 Church Road. The dogs would be over a year old and be of a retriever breed, Springer Spaniels, English Setters, etc. Mr. Dahl told the Board that the dogs would be housed on the property while he trained them. Mr. Dahl indicated that this training was often done off-site. Mr. Dahl noted that Mr. Jon Stuart of Plisga & Day had prepared the site plan that addressed the previously noted concerns of the Planning Staff. 2 Chairman Fournier called for any other proponents of the project. As no one stepped forward, Planning Officer Weber distributed a letter written in support of the application. Chairman Fournier asked for any opponents of the project. Mr. Patrick Branscombe of 117 Church Road, indicated that he was concerned with the changes in the area from a residential area to an increasing business area. He was concerned that this proposal would threaten the peaceful enjoyment of his property as it would be impaired by additional traffic and noise of barking dogs. Mr. Wheeler asked how close Mr. Branscombe lived to the proposed site. Mr. Branscombe indicated that he lived approximately 1/8 mile away. Planning Officer Weber also distributed a letter received in the Planning Office in opposition to the proposed kennel use. Mr. Clark asked if Mr. Dahl had prior experience in operating a kennel. Mr. Dahl indicated that he had had a larger kennel in Cornville for many years on a smaller property without experiencing problems with his neighbors. Mr. Wheeler asked how many houses were within a half-mile of the proposed kennel. Mr. Dahl estimated five. Mr. Wheeler inquired if Mr. Branscombe was aware of other homeowners in the area who owned dogs. Mr. Branscombe indicated there may be two or three homeowners who have dogs. They occasionally stray onto his property. There being no further proponents or opponents, the Chairman closed the Public Hearing and asked for Staff comments. Planning Officer Weber indicated that the applicant, Joseph Dahl, requests Conditional Use and Site Development Plan approval to add 15 dog runs to an existing garage for use as a dog kennel at 220 Church Road in a Rural Residence and Agricultural (RR&A) District. Ms. Weber indicated that a revised Site Plan was submitted that addressed all of the concerns raised by Staff in the Memorandum. Ms. Weber noted that kennels are listed as conditional uses in the RR&A District and must meet two specific conditions of the District (165-105, D (2)). These conditions are: facilities are located 100 feet from any residential district and at least 150 feet from any residential building on an adjoining parcel. On review, Staff found that the closest residential district (also RR&A) was across Church Road, and two of the proposed 15 runs may be less than 100 feet away. Secondly, the closest residential building is also across the road, but is 400 feet away. Mr. Weber said that it is 700 feet to the closest residential building on an adjoining parcel on the same side of the road. The applicant’s agent was notified regarding the proximity of residential zoning and provided an update at the meeting. Planning Officer Weber stated that the proposed Conditional Use must also meet four Standard Conditions (165-9) for granting conditional use approval. Ms. Weber indicated that this use would have a low traffic impact and is consistent with the Rural Residence and 3 Agriculture District. Staff recommended Conditional Use and Site Development Plan approval. Ms. Weber indicated that the Board needed to make two separate motions. Mr. Wheeler asked if the City’s Animal Control Department would respond to noise at a kennel. Ms. Weber indicated that they would investigate any animal noise complaints. Mr. King asked if there would be a sign. Jon Stuart located the proposed sign, parking, lighting, well, and buffers on the Site Plan. Mr. Wheeler moved to approve the Conditional Use request for a kennel use at 220 Church Road. Mr. Gurette seconded the motion. The Board voted 5 in favor and 0 opposed to the motion to approve the Conditional Use. Mr. Wheeler then moved to approve the Site Development Plan, for Joseph Dahl. Mr. Gurette seconded the motion, and the Board voted 5 in favor and 0 opposed to approving the Site Development Plan. Item No. 2: Conditional Use/Site Development Plan approval to fill & grade in a Resource Protection District located at 1930 Broadway. Lorraine Hodges and Erwin Hill, applicants. Chairman Fournier opened the Public Hearing and asked the applicant or his representative to make a brief presentation on the project. Erwin Hill indicated that he had lived at the property for 40 years. He told the Board that he was unaware of the Resource Protection District’s location and that he had used that portion of his property for many years with no prior notice from the City. Mr. Guerette asked what was the nature of the fill material. Mr. Hill indicated that it was earthen material from ditching along Route 15. Mr. Guerette asked if Mr. Hill was aware of the requirements, or was the fill simply a matter of not knowing the guidelines. Mr. Hill agreed that the application was after the fact. Mr. Hill said that he was unaware of the zoning district requirements. Mr. Hill noted that, after the fill was placed, it was recommended to grade and seed the soil before winter. The area was seeded and mulched, and a silt fence was installed. Mr. King asked how far was the fill area from the stream, and when did the fill actually occur. Mr. Hill indicated that it was about 240 feet away, and it was done in October 2003. Chairman Fournier asked for any other proponents. There being none, he asked for any opponents. As there were no opponents, the Chairman closed the Public Hearing, and asked for Staff comments. Planning Officer Weber indicated that the applicants, Lorraine Hodges and Erwin Hill, request Conditional Use and Site Development Plan approval to fill and grade a 9,741-square-foot area in a Resource Protection District located at 1930 Broadway. 4 Ms. Weber indicated that the Resource Protection District requires that any filling or grading obtain Conditional Use approval from the Planning Board (Chapter 165-106 D(3)). Planning Officer Weber reviewed the historic use of this site, and the current zoning boundaries. Ms. Weber said that the site complies with the guidelines for filling and grading in the Resource Protection District. Staff recommended that the Board grant both Conditional Use approval and Site Development Plan Approval. Mr. Hanson moved to approve the Conditional Use to fill in the Resource Protection District. Mr. Clark seconded the motion, and the Board voted 5 in favor and 0 opposed to approving the Conditional Use. Mr. Hanson moved to approve the Site Development Plan for Lorraine Hodges and Erwin Hill to fill and grade in the Resource Protection District. Mr. Clark seconded the motion. The Board voted 5 in favor and 0 opposed to approving the Site Development Plan for 1930 Broadway. APPROVAL OF MINUTES Item No. 3: Planning Board Approval of Minutes Chairman Fournier noted that Member Masters likely did not vote on both Items #4 and #5. Mr. King noted that his notes indicate that he voted on item #5. Mr. Wheeler moved to approve the Minutes of February 3, 2004 with the corrections as noted. Mr. Clark seconded the motion. The Board voted unanimously to approve the Minutes of February 3, 2004 with the noted change. OLD BUSINESS Item No. 4: Site Development Plan approval to establish a wholesale paving business at 733 Odlin Road in an Industry & Service District. William Stanley, applicant. Mr. Jon Stuart, of Plisga & Day, represented the applicant, William Stanley. Mr. Stuart reviewed the history of the project, and the present plans for a wholesale paving operation. Mr. Guerette asked if they would be storing pavement mix on the property. Mr. Stuart indicated that they would not. Mr. Stuart noted that the application would have related paving products like seal-coat in barrels, or marking paint that would be stored in trailers on-site to keep them secure. Occasionally, the applicant may store small piles of gravel or sand, 10 cubic yards or less, for small finish grading projects. Mr. King asked if there would be any fencing or lighting. Mr. Stuart indicated that none is proposed at this time. Mr. King also asked Mr. Stuart to show where the filled wetlands were on the site. Mr. Stuart reviewed the wetlands and stormwater drainage on the Site Plan with the Board. 5 Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that the applicant had addressed the Staff’s concerns by adding additional plantings, and providing the grading detail requested by the City Engineer. Staff found that the project meets the requirements for Site Plan approval. Mr. Clark moved to grant Site Development Plan approval to William Stanley for a wholesale paving business at 733 Odlin Road. Mr. King seconded the motion. The Board voted 5 in favor and 0 opposed to approving the Site Development Plan for William Stanley at 733 Odlin Road in an Industry and Service District. NEW BUSINESS Item No. 5: Final Subdivision Plan Revision to amend Lot D in the Widewaters Subdivision located on Stillwater Avenue in Shopping & Personal Service and Resource Protection Districts. Widewaters Stillwater Company LLC, applicant. Chairman Fournier asked the applicant to make a brief presentation to the Board. Mr. Stan Plisga, of Plisga & Day, indicated that he represented the applicant, Widewaters Stillwater Company LLC. Mr. Plisga explained that the proposed Final Subdivision Plan revision was to add wording “Lot D is to be retained by owner until June 30, 2005 unless sold to an abutter.” This language is added to clarify Widewaters’ intent relative to the A.J. Rudnicki Inc. land (Lot D). Mr. Plisga noted that proof of right, title or interest has been provided to the Planning Staff. Chairman Fournier asked Planning Officer Weber for Staff comments. Katherine Weber, Planning Officer, indicated that the applicant, Widewaters Stillwater, LLC is requesting a minor revision to their approved Subdivision Plan of 2001. The revision is to add a note to Lot “D”. Ms. Weber indicated that Staff recommends approval of the Final Subdivision Plan revision. Mr. Hanson asked what the basis of the proposed change was, and what effect it would have on the subdivision, and if two or more parcels could be combined. Mr. Plisga responded that he could not say specifically. Planning Officer Weber indicated that the one-acre parcel is the same lot on the Subdivision Plan (Lot D). The only change is new language being added, and this is a minor change. Any other changes would have to return to the Board for review. Ms. Weber clarified that it was Lot E that was previously expanded. Mr. Guerette asked, if Widewaters does not own the parcel, how can they alter it? Mr. Plisga indicated that, the original subdivision plan was a joint application, and now a legal agreement is in place between the Rudnicki’s and Widewaters Stillwater LLC. 6 Mr. Hanson asked why this specific date? Mr. Stan Plisga responded that it had to do with the Department of Environmental Protection’s subdivision definition. Mr. Plisga indicated that he was not fully informed on all of the legal aspects. Mr. Hanson indicated that the Board should proceed with caution, if they did not know the impact of the changes that they were about to make. Mr. Wheeler indicated that he found the proposed wording change clear and simple. Ms. Weber reiterated that the proposed lots meet the requirements of the District, and the Final Subdivision Plan revision meets all of the requirements of the Subdivision Ordinance. Mr. Clark noted that if the lot is not under Widewaters control, they cannot develop it unless they have a legal interest. Mr. Guerette moved to approve the revision to the Widewaters Stillwater Subdivision Plan. Mr. Wheeler seconded the motion. The Board voted 5 in favor and 0 opposed to approving the revision to the Widewaters Stillwater Final Subdivision Plan on Stillwater Avenue. Other Business In light of the recent anonymous letter sent to the Planning Office, Mr. Hanson asked if the Board should get clarification on how to deal with such material, and if the Staff should even forward anonymous letters to the Board. Planning Officer Weber indicated that any and all correspondence on proposed applications are shared with the Board. She said that she would check with the City’s Legal Counsel on this matter. There being no further business the meeting was adjourned at 8:16 p.m. Amended and Approved by Planning Board on February 17, 2004 PLANNING BOARD OF THE CITY OF BANGOR MEETING OF FEBRUARY 3, 2004 MINUTES Board Members Present: Richard Fournier, Chairman David Clark Bill Masters Ryan King Hal Wheeler Robert Gurette City Staff Present: Katherine Weber David Gould Peter Witham Jim Ring Chairman Fournier opened the meeting at 7:00 p.m. In the absence of Board Member Costlow, Associate Members were asked to alternate voting as follows: Associate Member King, and then Associate Member Masters. CONSENT AGENDA As no one wished to remove either item from the Consent Agenda, Chairman Fournier asked for a motion. Mr. Guerette moved to approve the Consent Agenda. The motion was seconded by Mr. Wheeler, and it passed by a vote of 5 to 0. The items approved are: Item No. 1: Final Subdivision Plan Revision approval to add an 8-acre parcel to the Serenity Acres Subdivision on Stillwater Avenue in a Rural Residence and Agriculture District, Joseph Reinzo/Sunset Development, applicant. Item No. 2: Site Development Plan to fill approximately 3,900 square feet of freshwater wetland located at 1320 Stillwater Avenue in a Rural Residence and Agriculture District – Jon Parker, Applicant APPROVAL OF MINUTES Item No. 3: Planning Board Approval of Minutes. Chairman Fournier asked for a motion on the Minutes of the January 6, 2004 meeting. Mr. Wheeler abstained as he was not present at that meeting. Mr. Guerette then moved to approve the Minutes of the January 6, 2004 Meeting. Mr. Clark seconded the motion, which passed by a vote of 5 in favor and 0 opposed. NEW BUSINESS Item No. 4: Site Development Plan Approval and Site Location of Development Modification Approval to construct a 7,100-square foot restaurant on Springer Drive in a General Commercial and Service District. GMRI, Inc., applicant. Chairman Fournier asked the applicant or their representative to make a brief presentation. Mr. John McCormack, PE, of Civil Engineering Services represented GRMI Inc. Mr. McCormack explained that this project will replace the existing Paul’s Restaurant with a Smokey Bones BBQ Restaurant. Mr. McCormack noted that Smokey Bones is owned by Darden Restaurants that operates many restaurants all over the country. Unfortunately, their representatives could not be present this evening. Mr. McCormack indicated that he worked with staff to address the City’s concerns. In conclusion, he indicated that he was happy to answer any questions. Mr. Clark asked if the plans would improve the access problems at Burger King. Mr. McCormack indicated that the Burger King property is a separate site and independent of this project. The design of the new restaurant will modify the existing entrances off of Springer Drive, and allow a cross-connection to the Burger King site. Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that the applicant, GMRI Inc., requests Site Development Plan approval and Site Location of Development modification to construct a 7,100-square foot restaurant, Smokey Bones, on Springer Drive in a General Commercial and Service (GC&S) District. The proposal would demolish the existing Paul’s Restaurant, and reconstruct the existing detention pond. The proposal will expand the existing detention pond, designed for Shaw’s Supermarket, to handle the additional surface runoff from the new restaurant. Ms. Weber indicated that the City Engineer’s Office has reviewed the site plan to ensure compliance with the applicable SLODA and City standards for erosion control and stormwater management. Planning Officer Weber noted that the Planning Staff finds that the plan meets the standards for Site Development Plan approval and Site Location of Development modification. Staff recommended that the Planning Board grant Site Development Plan approval and Site Location of Development modification approval in two separate motions. Chairman Fournier asked what was anticipated in terms of the stormwater pond reconstruction, and where was it located. Mr. McCormack indicated where the pond was located on the Site Plan, and indicated that the pond would be enlarged to accommodate some additional 2 stormwater from this project, while still providing detention for the Shaws Store for which it was originally designed. Mr. Clark moved to approve the Site Development Plan for GMRI, Inc. Mr. Masters seconded the motion, and the Board voted 5 to 0 to approve the Site Development Plan. Mr. Clark then moved to approve the Site Location of Development Act modification for GMRI, Inc. Mr. Masters seconded the motion, and the Board voted 5 to 0 to approve the SLODA Modification. Item No. 5: Site Development Plan Approval to establish a wholesale paving business at 733 Odlin Road in an Industry and Service District. William Stanley, applicant. . Chairman Fournier asked if the applicant or their representative would present their project to the Board. As no one approached the podium, the Chairman asked for Staff comments. Planning Officer Weber indicated that the applicant, William Stanley, requests Site Development Plan approval to create a 12,500-square-foot paved area for a wholesale paving business located at 733 Odlin Road in an Industry and Service District. Ms. Weber indicated that Staff recommended additional plantings of evergreen trees on the south side of the property. She noted that the existing vegetation was inadequate to provide the required “B” buffer, and that a revised plan needed to be submitted. With this condition, Staff finds the plan in order. Mr. Guerette asked what types of materials would be stored on the site. He also asked what provisions were made for stormwater runoff. Jim Ring, City Engineer, indicated that stormwater flows to an existing drainage swale. With an oversized pipe on the property, there should be no issues with stormwater runoff. Mr. Ring noted that the applicant needs to address questions regarding stored materials. Planning Officer Weber quoted an email correspondence that indicated some stockpiles of pavement mix would be present. Mr. Wheeler moved to continue the Site Development Plan until the applicant could be present to answer questions from the Board. Mr. King seconded the motion. The Board voted 5 to 0 in favor of the motion to continue this application to the next meeting. OTHER BUSINESS Planning Officer Weber provided the Board with a listing of the members and their terms. Mr. Wheeler noted the recent severe cold weather has caused a number of water lines to fail. He was very pleased with the speed and quality of the work done by the Bangor Water District crews under such adverse conditions. ADJOURNMENT As there was no further business to come before the Board, Chairman Fournier called for a motion to adjourn. Mr. Guerette moved to adjourn. Mr. Masters seconded the motion. The meeting was adjourned at 7:18 p.m. 3