HomeMy WebLinkAbout2004-11-16 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF NOVEMBER 16, 2004
MINUTES
Board Members Present Hal Wheeler
Ryan King
Nathaniel Rosenblatt
Patricia Cummings
Bill Masters
Jonathan Siegel
City Councilors Present: Councilor Hawes
City Staff Present: Katherine Weber
James Ring
David Gould
Peter Witham
John Hamer
News Media Present: Bangor Daily News
In the absence of Chairman Guerette, Vice Chairman Wheeler called the
meeting to order at 7:00 p.m. Chairman Wheeler congratulated the new City
Councilors and the newly elected Council Chair, and thanked them for their
service to the City. Mr. Wheeler noted that in the absence of Members Guerette
and Clark that the Associate Members would be voting.
PUBLIC HEARINGS
Vice Chairman Wheeler asked that comments be limited to only those
under the Board’s purview and that the comments be brief. After a motion is
made and seconded, Board members may take the opportunity to express any
other pertinent views.
Item No. 1: To amend the Land Development Code by changing
parts of parcels of land located at 810, 816, 818, 834
and 844 State Street from High Density Residential
District to Shopping and Personal Service District.
Said parts of parcels containing approximately .68
acres. Julie Sites, applicant. C.O. #05-07.
Vice Chairman Wheeler opened the Public Hearing, and asked the
applicant or their representative to make a brief presentation. Mr. Fred Marshall
of Plymouth Engineering indicated that he represented Julie Sites in the rezoning
application. Mr. Marshall indicated that the proposal was a readjustment of
zoning boundary lines within the existing property. The property has been
developed over many years, and has commercial zoning, Shopping and Personal
Service District, on the State Street frontage, and High Density Residential on the
rear portion of the site. The commercial portion of the site is developed as
multiple motel buildings. The residential portion of the site is developed as
multiple multi-family apartment buildings. The requested rezoning is intended to
accommodate an additional 12–unit motel building. The area to be rezoned is
approximately ¾ of an acre and will, more or less, straighten out the zoning
boundary between the commercial and residential zoning districts.
Mr. Rosenblatt asked if the property to be rezoned was presently vacant.
Mr. Marshall indicated that it was. Vice Chairman Wheeler asked for any other
proponents.
Ms. Julie Sites, applicant and owner of the Riverview Motel, indicated that
they had established a niche market for corporate rental units, efficiencies with
kitchens, that are rented out long-term for out-of-town guests. Mr. Wheeler
asked what the availability of this type of unit was in Bangor. Ms. Sites indicated
that they had thirty of these units which are in high demand. If the rezoning is
approved it is their intent to build an additional twelve units.
Vice Chairman Wheeler asked for any opponents. There being none, he
closed the Public Hearing, and asked for Staff comments. Ms. Katherine Weber,
Planning Officer, indicated that the applicant, Julie Sites, requests an amendment
to the Land Development Code to change a portion of her property on State
Street from High Density Residential District (HDR) to Shopping and Personal
Service District (S&PS). The area to be rezoned is approximately .68 acres. Ms.
Weber provided a brief history of the development of this area, and pointed it
out on the Land Use Plan. For some reason the commercial area on the State
Street frontage was overlooked in the last version of the Land Use Plan. This
area is recognized as a transition area in the current comprehensive planning
review of the City. The Planning Staff finds the proposal to be a readjustment of
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the zone boundary and recommends that the Planning Board recommend to the
City Council adoption of the proposed zone change from High Density Residential
District to Shopping and Personal Service District for .68 acres located on State
Street.
Vice Chairman Wheeler indicated that Associate Members Cummings and
Masters would vote on this item. Mr. Masters moved to recommend that the
Planning Board recommend that the Bangor City Council adopt the proposed
rezoning amendment. Mr. Rosenblatt seconded the motion. Mr. Masters asked if
a new building would be built or would an existing building be remodeled or
reused. Mr. Marshall indicated that a new structure would be built.
The Board voted 5 to 0 to recommend that the City Council adopt C.O.
#05-07, to rezone approximately .68 acres of land from High Density Residential
to Shopping and Personal Service District, Julie Sites, applicant.
Item No. 2: To amend the Land Development Code Chapter 165,
Section 165-94 to add the Bass Park District and to
amend Chapter 165, Section 165-13 Definitions. City
of Bangor, applicant. C.O. # 05-08.
Mr. Rosenblatt indicated that his legal firm represented Penn National
which would benefit from the proposed change in the Land Development Code.
One of his partners in the legal firm of Farrell, Rosenblatt and Russell was
present along with representatives of Penn National. Mr. Rosenblatt requested
that he be allowed to abstain from voting.
Mr. King moved to allow member Rosenblatt to recuse himself from voting
on this item. Ms. Cummings seconded the motion, and the Board voted 4 to 1 to
allow Mr. Rosenblatt to be excused from voting.
Vice Chairman Wheeler noted that all three Associate Members would
need to vote on this item. He then opened the Public Hearing, and asked for a
representative of the applicant. Mr. John Hamer, Assistant City Solicitor,
explained that the proposed language would add a new district to the Land
Development Code but would not establish a district “on the ground” at this
time. Presently, Bass Park operates in the Government and Institutional Service
and Park and Open Space District. These districts accommodate the auditorium,
civic center, racetrack and golf course. As the Board is aware the approval of
Bass Park as a location for a Racino has prompted the City to look at the zoning
issues surrounding such a development.
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Mr. Hamer explained that the proposed Bass Park District is a hybrid
district combining elements of the Government and Institutional Service District
and the Waterfront Development District. While other existing districts in the
City may accommodate a racino, the City was hesitant to provide for such
sweeping changes at this location. The intent is to accommodate the existing
uses while allowing the racino and its customary associated uses.
Vice Chairman Wheeler asked if this might be the beginning of a trend to
add more districts to the Land Development Code, and if the Bass Park District
would have a separate or different oversight board. Attorney Hamer indicated
that it was not likely because existing districts would be “fine-tuned” as was the
case with the Neighborhood Service District. Furthermore, Mr. Hamer indicated
that the Bass Park District would operate as any other zoning district in the City.
Ms Cummings asked if a racino facility would be allowed in other districts
in the City. Attorney Hamer indicated that while the Land Development Code
would allow such uses, the State Law provisions for the racino have specific
distance standards for how far the Racino can be located from the race track.
Mr. Masters asked what the boundaries of the Bass Park District would be.
Attorney Hamer indicated that they had not been finalized yet but would be in
the approximate area of Bass Park where the Civic Center and Auditorium are
located.
Mr. King asked how the specific list of uses was arrived at for this district.
Mr. Hamer indicated that the list of uses was intended to allow for the existing
activities at Bass Park and the Civic Center, plus allow for the racino, its gaming
and associated retail facilities.
Mr. Masters asked what some customary and incidental uses to a racino
might be. Mr. Masters suggested that Bangor may not want some of the
customary and incidental uses of a casino. Attorney Hamer indicated that
customary accessory uses are allowed in all zoning districts.
Mr. Masters asked Mr. Hamer to further explain what is meant by
innovative civic and commercial uses. Attorney Hamer explained that the
narrative in the Staff memo is not the exact language that is in the Council
Ordinance. The Board should review the specific language in the Council
Ordinance.
Mr. King noted that the development standards would allow very intense
development with an 80-foot height limit and impervious surface ratio of .70.
The intensity of development may not be fitting with the open space of the Park
and Open Space District. Mr. Hamer responded that the Government and
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Institutional Service District standards provide for fairly intense developments.
Mr. Siegel asked if the intent was to limit the racetrack to horse racing. Ms
Weber indicated the definition is for live horses, so it is limited.
Vice Chairman Wheeler closed the Public Hearing and asked for Staff
comments. Katherine Weber, Planning Officer, indicated that the proposed
amendment to the Land Development Code would add the Bass Park District to
the list of Land Use Districts in the Ordinance. The district is a mix of Park and
Open Space District, Government and Institutional Service District and General
Commercial and Service District. Providing zoning for the new Racino is a two
step process; first, district language must be developed which is what the Board
is reviewing tonight, and second, the physical boundaries of the district must be
located on the ground as a map amendment.
Ms. Weber noted that in several areas, the City uses geographically-
limited zoning districts like the airport, waterfront and downtown. Ms. Weber
indicated that the proposed language will include two new definitions; gaming
facility and racetrack. The language does provide for what the City anticipates
will be the uses for the racino project. Staff would recommend that the Planning
Board make a positive recommendation to the City Council.
Vice Chairman Wheeler called for a motion on the amendment. Mr. King
moved to recommend that the City Council adopt the proposed Land
Development Code amendment. Mr. Masters seconded. Vice Chairman Wheeler
called for discussion on the motion. Mr. King indicated that he found the
proposed Bass Park District inconsistent with the intent of Joseph P. Bass for a
recreational area for horse racing. The new district would allow intensive urban
development via height and lot coverage.
Ms. Weber indicated that the existing uses at Bass Park are a mix of open
space and intensive civic uses. Mr. Wheeler indicated that the use of Bass Park
has grown in the last ten years, but such a level of intensity was not always this
way. It would seem that this is the anticipated civic activity that Mr. Bass and his
heirs would accept. Bass Park is the center of most of the significant
entertainment in the city.
Mr. Masters indicated that the district language should encourage family-
oriented recreation. The 1,000-plus slot machines may not be a family-oriented
activity. Mr. Wheeler noted that the existing harness racing facility does provide
for gambling. Mr. Wheeler indicated that it was consistent with what the citizens
of Bangor had voted for in the City-wide referendum. Mr. Masters indicated that
he wanted to ensure that adequate protections are in place for an appropriate
scale facility, and he was uncomfortable with unknown accessory uses and an
undefined map of the area being changed.
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Vice Chairman Wheeler called for a vote on the motion. The Board voted
two in favor and three opposed to recommending passage by the City Council of
C.O. # 05-08.
APPROVAL OF MINUTES
Item No. 3: Planning Board Approval of Minutes.
Chairman Wheeler noted that the Board had the August 17, 2004 Meeting
Minutes for approval. Mr. Rosenblatt moved to approve the Minutes of the
August 17, 2004 meeting. Mr. King seconded the motion, and the Board voted
unanimously to approve the Minutes of the August 17, 2004 meeting.
NEW BUSINESS
Item No. 4: Site Development Plan and Site Location of
Development Act Modification approval to construct
a 6,920 sq. ft. co-generation building located on the
Eastern Maine Medical Center Campus at 489 State
Street in a Government and Institutional Service
District. Eastern Maine Medical Center, applicant.
Mr. Rosenblatt indicated that he does legal work for EMMC, and indicated
that he may have the appearance of a conflict. The Board concurred to allow Mr.
Rosenblatt to recuse himself from voting.
Vice Chairman Wheeler asked the applicant or their representative to
make a brief presentation of their application. Mr. John McCormack, PE of Civil
Engineering Services, indicated that he represented Eastern Maine Medical
Center in the proposed application. Mr. McComack introduced the various
specialists on the project; Red Webster of Cianbro Corporation, Jeff Mylen of
Eastern Maine Medical Center, Bruce Bennett of Vanderweil Engineering, and
Andy Hamilton of Eaton Peabody, Counsel for the Hospital. Mr. McCormack noted
that the project was well described in the Staff Memorandum, and that time
would be best served by answering any specific questions that the Board had
concerning the project.
Mr. King asked what the proposed cogeneration building would look like.
Mr. McCormack indicated that it would be a steel-sided building to match the
existing mechanical/maintenance plant. Mr. Siegel asked if it would be possible
to lower the smoke stack height. Mr. Bruce Bennett of Vanderweil Engineering
indicated that “yes” it would be possible, but that he did not think it would be
permitted by the Department of Environmental Protection. Mr. Bennett indicated
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that in a more rural setting a lower stack may work and still meet emission
standards; but at this location, it likely is not going to be permitted. Mr. Siegel
asked if it were possible to design a shorter stack. Mr. Bennett noted that it may
be technically feasible, but it may not be adequate to obtain permits from the
State.
Mr. Masters asked if the stack would have a smoke plume like that from
the generation facility in Veazie. Mr. Bennett indicated that the plume is due to
water beginning added to the emissions which creates steam vapor. No water
will be used to control emissions at EMMC, so no plume will occur. Mr. Masters
indicated that his experience with turbine engines is that they are very loud, so
what will the potential noise impacts be. Mr. Bennett noted that the gas turbine
would have attenuation features to lessen the sound, as well as, the turbine
being housed inside a building. He estimated that the decibel level would be less
than 60 dBA 100 feet from the building, and much less at any adjacent
residential properties.
Associate Member Cummings asked what the potential cost savings were
going to be for EMMC. Jeff Mylen of EMMC indicated that they estimated that in
the first year, a saving of a $1,000,000 could be realized. Mr. Mylen indicated
that the Hospital needs to have a highly reliable source of electricity. The
Hospital is obtaining a grant to proceed with the project as a health care model
for power generation.
Vice Chairman Wheeler asked for Staff Comments. Planning Officer
Weber indicated that the applicant, Eastern Maine Medical Center, requests Site
Development Plan (SDP) Approval and Site Location of Development Act
(SLODA) modification to construct a one and one-half story, 6,920-square foot
co-generation building. In addition to the co-generation building, the project will
include a 1,600-square foot salt storage area, two 16-foot tall cooling towers,
and a new 95-foot tall emissions stack.
Ms. Weber noted that, due to its location, the Shoreland Zoning Standards
were applied and all the standards were met. The Planning Staff finds that the
application meets the standards of Section 165-114, A through J, and
recommends approval of the Site Development Plan. Staff finds that the
application meets the standards of the Site Location of Development Act Law.
Staff requests that the Board take separate votes on the Site Development Plan
and the Site Location of Development Act modification applications.
Vice Chairman Wheeler called for a motion on the Site Development Plan.
Mr. Masters moved to approve the Site Development Plan for Eastern Maine
Medical Center’s Co-generation building. Ms. Cummings seconded the motion.
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Vice Chairman Wheeler recognized Dr. Murray Liebowitz . Dr. Leibowitz
indicated that he was a neighbor of the Hospital, and had worked there for 21
years. He wanted to know what types of emissions the stack would emit, and if
someone could explain in layman’s terms how loud 60 decibels is. Mr. Bruce
Bennett indicated that the stack emissions are primarily nitrous oxides (NOx). He
listed some examples of sixty-decibel sounds.
Vice Chairman Wheeler called for a vote on the motion. The Board voted
unanimously to approve the Site Development Plan. Mr. Wheeler called for a
motion on the Site Location of Development Act Plan modification. Mr. Masters
moved to approve the modification for Eastern Maine Medical Center’s Site
Location of Development Act License. Mr. King seconded the motion, and the
Board voted unanimously to approve the modified Site Location of Development
Act License.
Item No. 5: Site Development Plan and Site Location of
Development Act Modification Approval to construct
a softball field located off of Husson Avenue adjacent
to the Winkin Baseball Complex in a Government and
Institutional Service District, Husson College,
applicant.
Vice Chairman Wheeler asked the applicant or their representative to
make a brief presentation of their application. Mr. Robert Kuhn, Chief Operating
Officer of Husson College, indicated that it was the College’s intent to build a
new NCAA-compliant softball field on the location of the former practice football
field.
Mr. Rosenblatt asked if it was correct that the field would have no lighting.
Mr. Kuhn indicated that there would be no lighting. Mr. Rosenblatt noted that the
application indicated that the project would be completed in phases, and would
Mr. Kuhn explain what is in each phase. Mr. Kuhn indicated that the first phase
of the project would be to construct the field and make it playable. The second
phase would be to construct additional seating and amenities if there is adequate
fan support.
Mr. Rosenblatt asked if the buffer planting would be in the first phase. Mr.
Kuhn indicated that they would be. Mr. Rosenblatt noted that the application
indicated that a portable sound system would be used. He asked if Mr. Kuhn had
any additional information on the sound levels that would be produced by the
portable system. Mr. Kuhn indicated that the College would be happy to comply
with the sound limits agreed to for the baseball field.
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Mr. Siegel asked if the field might be used for activities other than NCAA
play. Mr. Kuhn indicated that the College makes its facilities available for
community use if it does not interfere with the College’s schedule. Mr. Siegel
clarified his question to ask about after hours use by students. Mr. Kuhn noted
that the field would not be lighted or authorized for use after daylight.
Vice Chairman Wheeler asked for Staff comments. Planning Officer Weber
indicated that the applicant, Husson College, is requesting Site Development Plan
approval and a modification to its Site Location of Development Act license to
construct a softball field and related improvements off of Husson Avenue in a
Government and Institutional Service District.
Ms. Weber noted that the City Engineering Office has reviewed the plan,
the stormwater analysis, and the erosion control details, and finds that they
meet the standards of the Ordinance and Site Location of Development Act
regulations. The Planning Staff recommends approval of the Site Development
Plan and the modification to the Site Location of Development Act license for
Husson College. Ms. Weber requested that the Board take two separate votes on
these applications.
Vice Chairman Wheeler indicated that Associate Members Siegel and
Cummings would vote. Vice Chairman Wheeler recognized Ms. Sara Suyama,
121 Husson Avenue. Ms. Suyama indicated that it was her understanding that
the sound levels at Husson College would be governed by specific limits, and that
she had made repeated complaints about loud sound levels during sporting
events without much success. Additional sporting facilities that will be closer to
her residence could prove even more problematic. Ms. Suyama asked if it would
not make sense to understand the sound levels prior to approving the
application.
Two hours prior to the game, she met with College Security and the
Bangor Police, and it was concluded that sound levels could be reduced. These
events have occurred on multiple occasions. Ms. Suyama indicated that Husson
College sports activities also generated a good deal of litter. Mr. Siegel indicated
that these issues are best addressed by the Code Enforcement Office.
It was noted that the public address system noise has been monitored
regularly during the Minor League Baseball games and that the levels were
within the parameters set by the Planning Board. Mr. Kuhn indicated that he
would request that the public address system for the soccer program be turned
down.
Vice Chairman Wheeler asked for a motion. Mr. King moved approval of
the Site Development Plan for Husson College. Ms. Cummings seconded the
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motion. The Board voted 5 to 0 in favor of the motion to approve the Site
Development Plan for Husson College.
Mr. King then moved to approve the Site Location of Development Act
Modification for Husson College. Ms. Cummings seconded the motion. Mr.
Rosenblatt indicated that he did not find that the applicant had adequately
addressed how they would meet the noise standard, and would not vote in favor
of the application. The Board voted three in favor and two opposed to approving
the Site Location of Development Act Modification for Husson College.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:20 p.m.
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