HomeMy WebLinkAbout2004-09-21 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF SEPTEMBER 21, 2004
MINUTES
Board Members Present: Robert Guerette, Chairman
David Clark
Hal Wheeler
Bill Masters
Nathaniel Rosenblatt
Jonathan Siegel
City Staff Present: Katherine Weber
David Gould
James Ring
Peter Witham
News Media Present: Bangor Daily News
Chairman Guerette called the meeting to order at 7:00 p.m. Chairman Guerette
noted that in the absence of Member King, that Mr. Masters would be voting.
CONSENT AGENDA
As no one wished to remove any of the items from the Consent Agenda for
discussion, Chairman Guerette called for a motion. Mr. Wheeler moved to approve the
Consent Agenda as written. Mr. Masters seconded the motion, and the Board voted
unanimously to approve the Consent Agenda. Those items approved are:
Item No. 1: Site Location of Development Act Modification approval to
construct a new gravel driveway, and a hexagonal gazebo
located at 1 College Circle in a Low Density Residential
District. Husson College, applicant.
Item No. 2: Site Development Plan approval to construct a 6,000-
square foot building located at 16V BanAir Road for office,
storage, and truck storage use in an Urban Industry
District. Norman and Diann Bouchard, d/b/a, Norm’s
Cleaning Service, applicant.
Item No. 3: Site Development Plan approval to construct an outdoor
display area/parking lot at 140 Haskell Road in a General
Commercial and Service District. QV Realty Trust,
applicant.
Item No. 4: Site Development Plan approval to construct a four-unit
apartment building located at 159V Glenwood Drive in a
High Density Residential District. Steven M. and Rhonda F.
Libby, applicants.
Item No. 5: Site Development Plan and Site Location of Development
Act Modification approval to construct an 8,100-square
foot addition to the existing maintenance building located
on Hayes Street in the Airport Development District. Army
National Guard, applicant.
Item No. 6: Site Development Plan approval to construct 9-space and
25-space parking lot expansions located at 6 Telcom Drive
in General Commercial and Service District. RRC Atlantic
Inc., d/b/a/ Unicel, applicant.
PUBLIC HEARINGS
Chairman Guerette indicated that Item Nos. 7, 8 and 9 would be combined as
one Public Hearing and noted that anyone wishing to speak on any one of these items
should not wait for the individual item to be called.
Item No. 7: To amend the Land Development Code by changing two
parcels of land located at 840 Broadway from Low Density
Residential District to Government and Institutional
Service District. Said parcels containing approximately 16
acres. Husson College, applicant. C.O. # 04-273.
Item No. 8: To amend the Land Development Code by changing a
portion of a parcel of land located at 1 College Circle off of
Griffin Road from Contract High Density Residential District
to Government and Institutional Service District. Said
portion of a parcel containing approximately 14 acres.
Husson College, applicant. C.O. # 04-274.
Item No. 9: To amend the Land Development Code by changing a
parcel of land located off of Husson Avenue from High
Density Residential District to Government and
Institutional Service District. Said parcel containing
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approximately 5 acres. Husson College, applicant. C.O. #
04-275.
Chairman Guerette opened the Public Hearing for Item Nos. 7, 8, and 9 and
explained the public hearing process. Chairman Guerette asked the applicant or their
representative to make a brief presentation.
Mr. James Doughty, represented Husson College, indicated that Husson College
was seeking to consolidate their land into a common zoning district. At one time,
Husson College had looked at selling off some real estate as a means to generate
income. Those parcels to be offered for sale were rezoned to accommodate the
anticipated uses, but the sales were never completed. At this time, Husson College is
requesting that the parcels be rezoned to Government and Institutional Service District.
Chairman Guerette asked for any other proponents. There being none, he
asked for any opponents. Ms. Angela Aloupis indicated that she was not in support of or
in opposition to the applications, but that she did want to represent her mother, Athena
Aloupis, who resided at 15 Aster Place. Ms. Aloupis also noted that Tom and Nancy
Tennett, also neighbors, expressed concern but were unable to attend. Ms. Aloupis
indicated that they were concerned that the rezoning would accommodate construction
of dormitories on the properties closest to Broadway. Chairman Guerette indicated that
once the property was rezoned, the applicant would be able to develop it consistent
with the uses allowed in that zone. Mr. Guerette also indicated that dormitories would
be an allowable use in the Government and Institutional Service District.
Chairman Guerette closed the Public Hearing, and asked Mr. Doughty if he
wanted to make any final statements. Mr. Doughty indicated there were no plans for
dormitories at 840 Broadway. Mr. Masters asked Mr. Doughty if Husson College had no
plans for the Broadway parcels, then why was it requesting the rezoning. Mr. Doughty
clarified that Husson College has no plans for dormitories at that location. Mr. Doughty
noted that any construction plans would have to be approved by the Planning Board.
Mr. Masters indicated that changing the zoning from one that is residential to
one that is institutional could allow a great variety of uses adjacent to existing
residences. Mr. Doughty indicated that, at this time, the rezoning was for the gravel
drive on the Board’s Agenda. Mr. Masters indicated that he had no concerns with other
elements of Husson’s rezoning, but that this Broadway parcel was in close proximity to
other residential properties. Mr. Doughty indicated that new construction would occur in
the center of the campus. Mr. Masters indicated that the zone change will alter the
allowable uses on that property and there appears to be no need for the rezoning at
this time.
Mr. Doughty indicated that the rezoning was required for the gravel drive
construction. Planning Officer Weber indicated that rezoning was not required for the
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gravel drive as it was approved at the Board’s first meeting in September. Mr. Masters
indicated that rezoning the Broadway parcel would open the door to uses not presently
allowed on the property that would encroach onto adjacent residential properties.
Chairman Guerette asked for Staff comments. Planning Officer Weber stated that
Husson College was requesting a rezoning of three areas of the campus totaling 35
acres; two parcels off of Broadway, presently zoned Low Density Residential District;
five acres next to Husson Avenue, presently zoned High Density Residential District;
and a parcel located off of Griffin Road, presently zoned Contract High-Density
Residential District. In looking at the Comprehensive Plan, the generalized Land Use
Map indicates this area of the City as Government and Institutional Service District
zoning. The generalized Zoning Map is a more refined version of that plan. This plan
indicates zoning of the Broadway frontage as Low Density Residential. This designation
is likely because the prior ownership was private, and was not a Husson College
property.
Ms. Weber indicated that the proposal was consistent with the Comprehensive
Plan, and recommended that the Planning Board make a positive recommendation to
the City Council on all three rezoning applications.
Mr. Rosenblatt indicated that he agreed with Mr. Masters regarding the Low-
Density Residential portion of the proposal because he felt that it was difficult to accept
given the potential permitted uses. Mr. Siegel asked, if the President’s residence is
allowed in the Low Density Residential District, where the gravel drive is allowed, then
why is it being rezoned. Ms. Weber indicated that the residence is allowed in the Low
Density Residential District, as is the driveway. If it is rezoned, the dwelling will be
accessory to the College.
Mr. Rob Frank of WBRC, noted that the historic designation limits physical
changes to the property so that it is unlikely that anything else could be constructed.
The concern was that certain functions that may take place at the President’s house
might be seen as other than uses allowed in a LDR District. The long-term plan is for
more in-fill development in the heart of the campus, not at the edges.
Chairman Guerette indicated that with Mr. Siegel present, the two alternates
would alternate voting beginning with Mr. Siegel. Chairman Guerette called for a
motion on Item No. 7. Mr. Clark moved to recommend approval to the City Council for
Council Ordinance #04-273 at 840 Broadway, Husson College, applicant. Mr. Wheeler
seconded the motion and the Board voted 3 in favor and 2 opposed.
Chairman Guerette called for a motion on Item No. 8. Mr. Rosenblatt moved to
recommend approval to the City Council of Council Order 04-274 for property located
off of Griffin Road, Husson College, applicant. Mr. Wheeler seconded the motion and
the Board voted unanimously to recommend approval of C.O. #04-274.
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Chairman Guerette then called for a motion on Item No 9. Mr. Rosenblatt moved
to recommend approval of Council Order #04-275 to the City Council for the parcel off
of Husson Avenue, Husson College applicant. Mr. Clark seconded the motion and the
Board voted unanimously to recommend approval of C.O. #04-275.
Chairman Guerette recognized Mr. Wheeler. Mr. Wheeler noted that he
understood the concerns of the neighbors, and the depth of response and
understanding from Mr. Masters. He indicated that he has great confidence in Husson
College in its ability to be a sensitive and compatible neighbor. His experience with
Husson College for many years is that, in no instance, has the College done anything to
compromise its credibility. The point is well taken that there are concerns about this
area.
APPROVAL OF MINUTES
Item No. 10: Planning Board Approval of Minutes.
Chairman Guerette deferred consideration of the Minutes to the end of the
meeting.
NEW BUSINESS
Item No. 11: Site Development Plan approval to construct a 2,400-
square foot building in an Industry and Service District
located at 41 Godsoe Road – Atlas Development Corp.,
applicant.
Mr. Guerette asked for comments from the applicant or the applicant’s
representative. Mr. James Tower, P.E., indicated that he represented Atlas
Development Corporation. Mr. Tower noted that this parcel was purchased from the
City of Bangor. Mr. Tower indicated that the applicant is proposing to develop a 2,400
square foot building to house trucks. Public sewer and water utilities will be extended
to the property, and the proposed uses are consistent within the District in which it is
located.
Mr. Rosenblatt asked who owns the separate roadway. Mr. Tower indicated that
the City of Bangor owns it. It is a paper street with a retained right-of- way. The
applicant will extend the street at its own expense. Mr. Jim Ring, City Engineer,
indicated that the roadway was a retained right-of-way of the City’s. Target
Development Corporation had sold the lot to Atlas Development Corporation and that
the street and utilities are being extended by the developer as an off-site improvement.
Mr. Guerette asked if the details noted in the Staff Memorandum had been received.
Mr. Ring indicated that new design details were received, and found to be acceptable.
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Planning Officer Weber indicated that the applicant, Atlas Development
Corporation, requests Site Development Plan approval to construct a 2,400-square foot
industrial building off of Godsoe Road in an Industry and Service (I & S) District. Ms.
Weber indicated that the application is complete and consistent and Staff recommends
Site Development Plan approval.
Mr. Clark moved to approve the Site Development Plan for Atlas Development
Corporation at 41 Godsoe Road. Mr. Wheeler seconded the motion, and the Board
voted unanimously to approve the Site Development Plan for 41 Godsoe Road.
Item No. 12: Site Development Plan and Site Location of Development
Act Modification approval to construct a parking/display
area, a 35’ x 45’ single-story sales office building, and a
stormwater treatment wet-pond located on Sylvan Road in
a General Commercial and Service District. Darling’s Inc.,
applicant.
Mr. Guerette asked for comments from the applicant or the applicant’s
representative. Mr. Charles Rohn, Executive Vice President of Darlings Inc. indicated
that the request before the Board was the culmination of a 10-year process with many
changes along the way, including the Sylvan Road realignment and traffic signal
improvements at Haskell Road and Hogan Road.
Mr. Tim Woodcock, Esquire, representing the applicant, stated that there were
two applications before the Board; a Site Development Plan application for the creation
of a vehicle display lot off of Sylvan Road and a Site Location of Development Act
modification for the overall development. Attorney Woodcock noted that the original
Site Location of Development Act approval required that any development of Phase III
include a completely new Site Location of Development Act application. Originally
intended for only automotive uses, Great Skates was included in the site development
in 1995. The current development plan is consistent with this original plan, although
slightly modified. The planned group development offers common open space areas,
detention ponds and water quality treatment.
Mr. Rob Frank, P.E. of WBRC, indicated that the current plan is not significantly
different from the plan approved by the Planning Board in 2000. At this time, water
quality needs to be addressed in addition to water quantity.
Mr. Rosenblatt asked if Mr. Frank could address any stream impacts. Mr. Rob
Frank indicated that the proposal meets current standards in that 80% of the total
suspended solids will be removed. New stormwater will be treated in a wet pond where
suspended solids settle out prior to discharge.
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Mr. Clark asked what the new 334-space lot would be used for. Mr. Rohn
indicated that, due to a shortage of space in other locations, that they would relocate
used Fords and Hondas from existing sites to this site.
Chairman Guerette asked Planning Officer Weber for Staff comments.
Planning Officer Weber indicated that the applicant, Darlings, Inc., requests Site
Development Plan approval and Site Location of Development Act modification to
construct the final build out of the Darlings Sylvan Road development. The proposed
project is a 334-space vehicle display area, and a 3,150-square foot sales and service
building on Sylvan Road in a General Commercial and Service (GC&S) District. Within
the context of the Planned Group Development, it meets the standards of the
Ordinance. Staff recommends that the Planning Board approve both the Site
Development Plan and Site Location of Development Act modification applications.
Mr. Rosenblatt moved to approve the Site Development Plan of Darlings, Inc., for
Lot 3. Mr. Wheeler seconded the motion and the Board voted unanimously to approve
the Site Development Plan. Mr. Rosenblatt then moved to approve the Site Location of
Development Act Permit modification of Darlings, Inc. for Phase III of the Darlings
development off of Sylvan Road. Mr. Clark seconded the motion, and the Board voted
unanimously to approve the modification to the Darlings, Inc. Phase III project.
Item No. 13: Final Subdivision Plan and Site Location of Development
Act Modification approval for a 70-lot subdivision located
at 780 Mount Hope Avenue in a Low Density Residential
District. Hampden Homebuilders, applicant.
Chairman Guerette asked for comments from the applicant or the applicant’s
representative. Mr. Masters asked to abstain from voting on this application given his
concerns regarding sidewalks and open space. Given that Mr. Siegel was not familiar
with the application, Chairman Guerette asked Mr. Masters to vote. Mr. Masters agreed
that he would vote.
Mr. Fred Marshall of Plymouth Engineering indicated that he was representing
Hampden Homebuilders. The Preliminary Subdivision Plan was approved in July 2004.
The project is a revision of the prior 63-lot plan approved in 2003. Mr. Marshall noted
several changes in the 2004 plan. A second roadway would now connect with Mount
Hope Avenue, seven additional lots would be added, and the previous detention ponds
have been modified to provide better water quality treatment. The new pond design
retains the stormwater in an underground gravel bed. This system removes suspended
solids and lowers the water temperature.
Mr. Siegel asked if the ponds would need to be maintained, how often, and by
whom. Mr. Marshall speculated that the ponds would need to be maintained about
every 10 years, but that certainly they should be evaluated for maintenance more
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often. The accumulation of sediments would depend on a variety of factors, including
winter road sanding and wind blown debris. The developers would maintain the system
until the home construction took place, and then a Homeowners Association would be
responsible for maintenance.
Mr. Clark asked where the additional six lots came from. Mr. Marshall indicated
that they were part of the former Gallant property and a connector road that was
eliminated. Mr. Masters asked if the pond would have standing water. Mr. Marshall
noted that with the new design there would be standing water for a day at most where
in the previous design, it would be weeks. Mr. Marshall indicated that the pond could
be mowed and maintained to become a usable recreation area. Mr. Stan MacMillian of
Hampden Homebuilders indicated that he intended to see that the ponds were seeded
and maintained as useable space. Mr. Masters said that he felt that the 2,500-foot
straight roadway would likely be plagued with motorists traveling at excessive speeds.
Chairman Guerette asked for Staff Comments. Planning Officer Weber stated
that the applicant, Hampden Homebuilders, Inc., requests Final Subdivision Plan and
Site Location of Development Act approval to create a 70-lot subdivision at 780 Mount
Hope Avenue in a Low Density Residential (LDR) District. Ms. Weber indicated that all of
the lots meet minimum area, width, and frontage requirements, and that the
application meets the open space requirements of the Subdivision Ordinance. The plan
meets the standards of the Site Location of Development Law, as well. Planning
Officer Weber noted that the Engineering Staff, along with Planning and Code
Enforcement Staffs, have reviewed the Plan and recommend that the Planning Board
grant Final Subdivision Plan approval and Site Location of Development Act modification
approval to Hampden Homebuilders, Inc. for their 70-lot subdivision.
Mr. Rosenblatt asked if this plan is approved, would it supercede the prior plan.
Ms. Weber indicated that it would, and that it would replace the prior plan. Mr.
Rosenblatt moved to approve the Final Subdivision Plan for Hampden Home Builders,
Inc. Mr. Masters seconded the motion and the Board voted unanimously to approve
the Final Subdivision Plan for Hampden Home Builders, Inc. at 780 Mount Hope
Avenue.
Chairman Guerette asked for a motion on the Site Location of Development Act
modification. Mr. Rosenblatt moved to approve the Site Location of Development Act
modification. Mr. Masters seconded the motion, and the Board voted unanimously to
approve the modification to Hampden Homebuilders, Inc. Site Location of Development
Act Permit application.
Mr. Masters asked Mr. Ring if the long straight roadway would be a potential
hazard. Mr. Ring indicated that he understood the concern and that most often, this
issue is a problem in through roads and not so much a problem on a dead-end street.
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Mr. Ring indicated that given the shape of the parcel this is unlikely. Mr. Masters
suggested that amendments should be made to the City’s Ordinances.
Item No. 10: Planning Board Approval of Minutes.
Chairman Guerette asked to return to the Approval of Minutes item. Mr.
Rosenblatt moved approval of the Minutes of the September 7, 2004 Planning Board
Meeting. Mr. Clark seconded the motion. Mr. Wheeler noted that he had a correction to
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be made on the September 7 Minutes. He requested that we strike the statement “A
role for the Planning Board on appeals is fine.” which was attributed to him. Ms.
Weber indicated that the Minutes would be corrected to strike that comment attributed
to Mr. Wheeler.
Chairman Guerette then asked for a vote on the motion to approve the Minutes
of the September 7, 2004 Meeting. The Board voted unanimously to approve the
Minutes of the September 7, 2004 Meeting, as amended.
ADJOURNMENT
As there was no further business, the meeting was adjourned at 8:50 p.m.
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