HomeMy WebLinkAbout2003-04-15 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF TUESDAY, APRIL 15, 2003
MINUTES
Board Members Present: Richard Fournier, Chairman
Frederick Costlow
David Clark
John Hanson
Ryan King
Bill Masters
Hal Wheeler
City Staff Present: Katherine Weber
James Ring
Peter Witham
Lynn Johnson
News Media Present: The Weekly Express
WLBZ TV2
Chairman Fournier called the meeting to order at 7:00 p.m.
CONSENT AGENDA
Mr. Costlow indicated that since he had represented the applicant, he would like
to be recused from voting on Item No. 1. The Board voted unanimously in favor of a
motion to recuse Mr. Costlow from voting. Associate Members King and Hanson were
asked to vote on the Consent Agenda.
As no one wished to remove either item from the Consent Agenda, Chairman
Fournier asked for a motion. Mr. King moved to approve the Consent Agenda. Mr.
Hanson seconded the motion. The Board voted 5 in favor and 0 opposed to approve the
Consent Agenda. The items approved were:
Item No. 1: Site Development Plan Revision approval to establish new starting
and completion dates to construct a 1,232 square foot addition to the
existing building at 953 Odlin Road in an Urban Industry District.
Lane Construction Corporation, applicant.
Item No. 2: Site Development Plan Revision approval to establish new starting
and completion dates to construct a 1,000-square foot storage building
at 1087 Hammond Street in a General Commercial and Service
District. MJH, LLC, d/b/a Hammond Lumber Company, applicant.
PUBLIC HEARINGS
Item No. 3: To amend the Land Development Code – Chapter 165 - Section 165-
105C. Permitted Uses in the Rural Residence and Agriculture District.
City of Bangor, applicant C.O.# 03-131
Chairman Fournier indicated that Associate Member Masters would be voting on
this item. Chairman Fournier opened the Public Hearing. Planning Officer Weber
explained that the City of Bangor is the applicant for this zoning amendment. The
purpose for this zoning amendment is to provide opportunities for local farmers to sell
local agricultural products in enclosed structures on arterial streets in the Rural Residence
and Agriculture District.
Ms. Weber went on to say that there are local farmers presently seeking funding
to establish an agricultural outlet where they can cooperatively sell their agricultural
products. The current Ordinance allows very limited floor area for the sale of farm
products (a maximum of 500 square feet). The proposed amendment adds a new
permitted use that reads as follows: Sale of farm products where: the retail area shall
not exceed 2,500 square feet, the property is located on a major arterial street, and the
property is a working farm.
The Board discussed the types of products that could be sold, the size of the
structure from which the products would be sold, and the reasoning behind requiring that
this use be located on a major arterial street. Planning Officer Weber indicated that any
farm product, whether raised on the premises or raised on another working farm, could be
sold; and, because of the size of the allowed retail area and the potential traffic that would
be generated from the use, Staff felt that these uses should be located on major arterial
streets.
Chairman Fournier asked for proponents. Mr. Mark McBrine, who owns a farm
on Outer Union Street, spoke in favor of the proposed amendment. He told the Board
that he raises products by organic practices, and wishes to sell these products at his farm.
He noted that he raises lamb, beef, chickens, and turkeys.
No one spoke in opposition. Chairman Fournier asked for Staff comments.
Planning Officer Weber indicated that the Planning Staff recommended that the Board
recommend to the City Council adoption of this zoning amendment to the Rural
Residence and Agriculture District. Chairman Fournier asked for a motion. Mr. Costlow
moved to approve the zoning amendment contained in C.O. # 03-131. Mr. Clark
seconded the motion. The Board voted 5 to 0 in favor of the motion to recommend
approval.
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APPROVAL OF MINUTES
Item No. 4: Planning Board Approval of Minutes
Mr. Costlow moved to approve the Minutes of the April 1, 2003 Meeting as
written. Mr. Clark seconded the motion, which carried unanimously.
NEW BUSINESS
Item No. 5: Final Subdivision Plan approval for a 57-lot subdivision located off
Broadway and Judson Boulevard in a Low Density Residential
District. Judson M. Grant, Jr., applicant.
Mr. Andrew Sturgeon, of Ames A/E, represented the applicant, Judson M. Grant,
Jr. Mr. Sturgeon noted that the applicant had been before the Board for a zone change,
Preliminary Subdivision Plan approval, and was now seeking Final Plan approval in
order to create 57 lots in the Judson Heights Subdivision located off of Broadway and
Judson Boulevard.
There being no proponents or opponents to this Final Subdivision Plan, Chairman
Fournier asked for comments from Staff. Planning Officer Weber explained that the
proposed 57-lot subdivision meets Ordinance and submittal requirements. Planning
Officer Weber also indicated that the applicant had addressed all of the engineering and
traffic issues raised in the Preliminary Plan review process. Staff recommended approval
of the proposed Final Subdivision Plan subject to the applicant providing the necessary
subdivision guarantees and deeded easements within 120 days.
Mr. James Ring, Director of Infrastructure and Development Support, told the
Board that the applicant had submitted plans addressing concerns of the Engineering
Staff regarding road grades, stormwater analysis, and related issues. Mr. Masters asked
what the normal road width is for subdivisions. Mr. Ring indicated that the standard
width is 24 feet (for 2 lane roads).
After some discussion, Mr. Clark moved to approve the Final Plan for Judson M.
Grant, Jr. Mr. King seconded the motion. The Board voted 5 to 0 in favor of the motion
to approve.
OTHER BUSINESS
Planning Officer Weber noted that to answer Mr. Wheeler’s question regarding
the approval date of the BanAir Subdivision, the subdivision was approved on October
17, 1985. Planning Officer Weber wished the Board Members a Happy Easter and
Passover, and thanked them for their participation on the Planning Board.
Mr. Wheeler had a question regarding the method of payment of improvement
guarantees and asked what involvement the Planning Board had in determining that
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method. Planning Officer Weber indicated that the Planning Board is not involved
because it is part of the legal agreement between the City and the Developer. Ms. Weber
explained that the improvement guarantee is a requirement to ensure that the public
improvements within a subdivision will be paid for in the event that an applicant does not
complete the subdivision.
The City Engineering Office determines what the cost of the public improvements
will be, and the developer signs an agreement and provides a bond or a letter of credit
demonstrating that the improvements will be completed. Mr. Ring noted that Section
165-130 of the Land Development Code also discusses the various methods available for
the developer to provide subdivision guarantees. Mr. Ring also noted that in 31 years, the
City has only had to invoke the subdivision guarantees once because of a minor
infraction.
Mr. Wheeler asked that the current language in the Land Development Code
regarding subdivision guarantees be reviewed in order to clarify the role of the Planning
Board. Planning Officer Weber agreed to do so.
As there was no further business, Chairman Fournier asked for a motion to
adjourn. Mr. Hanson moved to adjourn and Mr. Costlow seconded the motion. The
meeting was adjourned at 7:28 p.m.
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