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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. 2 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 3 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. 4