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HomeMy WebLinkAbout2003-06-17 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 17, 2003 MINUTES Board Members Present: Richard Fournier, Chairman David Clark Robert Guerette Hal Wheeler Ryan King Bill Masters City Staff Present: Katherine Weber David Gould Peter Witham Chairman Fournier called the meeting to order at 7:00 p.m. The Chairman noted that in the absence of Member Costlow, Associate members King and Masters would alternate voting in that order. CONSENT AGENDA Chairman Fournier asked if any Member of the Board wished to remove any item from the Consent Agenda. Mr. Wheeler requested that Item No. 1 be removed for questions. As no one wished to remove any other items, Chairman Fournier asked for a motion. Mr. Guerette moved to approve for Items No. 2, 3, and 4 the Consent Agenda as read. Mr. Clark seconded the motion, and the Board voted 5 in favor and 0 opposed to approve the following Consent Agenda items. Item No. 2: Site Development Plan approval to reuse 1000-sq. ft. of existing building, construction of a parking lot expansion, and vehicular access changes at 1178 Hammond Street in a General Commercial and Service District. Sullivan Tire, applicant. Item No. 3: Request for an extension of the starting and completion dates for the conversion of an existing building located at 24 Pleasant Street to residential/commercial condominium space. Ruth Saliba, d/b/a Pleasant Street Condos, applicant. Item No. 4: Request for an extension of the starting and completion dates for construction of a 12,000 square foot retail building located at 700 Stillwater Avenue. Three Rivers Corporation, applicant. ITEM REMOVED FROM CONSENT AGENDA Item No. 1: Site Development Plan approval for a Planned Group Development of the existing development complex at 677-687 Hogan Road in a General Commercial and Service District. Bangor Square Mall, LLC, applicant. Chairman Fournier asked if the applicant would provide the Board a brief overview of the project. Mr. John Gendron, partner of Bangor Square Mall, LLC, explained that explained that they would like to separate the Bangor Savings Bank development from the Bangor Square Mall, LLC and are asking for Planned Group Development. Member Wheeler explained that most of his questions should be directed to Staff, but he would ask Mr. Gendron his first question, that being, the motive and purpose behind the separation of Bangor Savings Bank from the rest of the mall. Mr. Gendron explained that it was complicated, but it comes down to different partnerships being involved in the acquisition of this property (and he is one of the partners). The Bangor Savings Bank really stands alone as a commercial real estate in the partners’ views. Because the Bank has a 20-year lease, it made sense to split it off from an ownership point of view. Mr. Wheeler said that it did make sense and he understood the reasons behind the request to create the separation of ownerships, but that it was not his primary concern. He then asked Planning Officer Weber about the term “single development entity” as indicated in Item 1. b. and if she could help him to find that term in the glossary of the Land Development Code Ms. Weber explained that the term was synonymous with “Planned Group Development” (Section 169-69). He said that it was brand new terminology to him as he hadn’t read the Ordinance cover to cover yet, so he asked Ms. Weber if she could summarize this section. He then explained to the Chairman that the motive behind his questions are that apparently Bangor Savings Bank wishes to remain within the purview or single entity development of the Maine Square Mall even though it intends to separate. Ms. Weber explained that Planned Group Development was a method whereby several adjacent developments can meet ordinance requirements jointly instead of as individual parcels with single requirements of lot impervious surface, access, frontage setbacks, open space, buffers, etc. per lot. Several lots can be combined together and have the standards applied as a group development. An example in this site plan is the shared frontage, no internal setbacks, and buffers around the whole instead of around the individual developments. All of the standards are looked at overall and cannot be exceeded. Cross easements are used to share access, utilities, and the development requirements. Mr. Wheeler asked if he understood correctly that Bangor Savings Bank was going to remain within the single development entity even though it was planning to move its facility away from that development. Ms. Weber answered that it still will be part of the planned group development. Mr. Wheeler wondered how that could be if it was not going to be there anymore. Mr. Fournier said 2 that he didn’t think that anyone was saying it was leaving. Ms. Weber reaffirmed that it was still there and that they have a separate financial arrangement that they need to achieve, but the parcel will still be an integral part of the development. Mr. Wheeler stated that he saw where he was confused in that Item 1.c. of the Memorandum stated that Bangor Savings Bank wishes to create a separate parcel. That led him to believe that Bangor Savings Bank was going to construct a different facility apart from the Maine Square Mall. Ms. Weber reiterated again that what is there now in the development is what will remain, with the same footprint. Mr. Wheeler said that he understood now, that there had been some confusion of terms, and that he was satisfied. Ms Weber asked to add that the reason this is necessary at this site is if you look at the rest of the development. McDonalds, the Maine Square Mall, and the Bangor Savings Bank need to create a development that meets all of the development standards and because frontage is limited Maine Square Mall by itself would not meet that particular standard without Planned Group Development. Each of the parcel may stand alone as far as ownership is concerned, but all have to be combined to meet the Ordinance standards. Mr. Wheeler asked if there is any contradiction of terms as far as they’re being different ownerships involved. Ms. said no, there are many different forms of ownership that may be involved such as leases and subleases. Mr. Wheeler asked if aside from Bangor Savings Bank the other entities would be the same. Ms. Weber said that McDonald’s was a stand-alone ownership and the Mall itself, but invited Mr. Gendron to clarify the answer to Mr. Wheeler’s question. Mr. Gendron explained that some of the partners involved in Maine Square Mall and McDonald’s are also involved in Bangor Savings Bank. There are two reasons for request for multiple ownership, and the bigger reason, financial. In commercial real estate there are different loans categories at different interest rates to consider and once a property reaches a certain level higher rates are applied. He said that there are real advantages to Planned Unit Developments with respect to ownership and financial issues. He said that he thought part of the question was whether there was an agreement among the different parties in management of the property and that there is and will continue to be cooperation to manage the property under the guidelines in the Land Development Code. Mr. Wheeler said that he had no more questions. Mr. Masters asked the Planning Officer about the line “No new development is proposed at this time.” He wondered if more development is possible as a result of this change. Ms. Weber answered that no, the development is maximized on the site, but there is certainly potential for different site plans to be brought before the Board of different arrangements. There is always the potential for a development to be completely reconstructed. Mr. King asked for clarification if there was not already a Planned Unit Development at this time here. Mr. Fournier said that it was not a Planned Unit Development, but a Planned Group Development. Ms. Weber affirmed that it was an application for a Planned Group Development, not an application for new development or changes to the development, rather it was asking for the Planned Group Development status itself. Mr. Fournier asked if there were any other questions. Seeing none he said that he would be glad to accept a motion. 3 Mr. Guerette moved to approve the Site Development Plan for a Planned Group Development for Bangor Square Mall, LLC. Mr. Clark seconded the motion and the Board voted 5 to 0 to approve the Planned Group Development. APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. Ms. Weber noted there was a typographical error in the minutes of June 3, 2003 th concerning the vote on the May 20, which should read, “the Minutes were approved by a vote of 5 in favor and 0 opposed”. Chairman Fournier called for a motion on the Minutes of June 3, 2003 as noted by the Planning Officer. Mr. Guerette moved approval of the Minutes of June 3, 2003 as amended. Mr. Clark seconded the motion, and the Board voted 5 in favor and none opposed to approving the Minutes of June 3, 2003. NEW BUSINESS Item No. 5: Final Subdivision Plan approval for a developmental subdivision of the existing development at 1010 Union Street in a Shopping and Personal Service District. Hilltop Inn, Inc., applicant. Planning Officer Weber indicated that the Applicant, Hilltop Inn, Inc. has requested that this item be continued to the next regular meeting. ADJOURNMENT As there was no further business 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 7:24 p.m. 4 PLANNING BOARD OF THE CITY OF BANGOR MEETING OF JUNE 17, 2003 MINUTES Board Members Present: Richard Fournier, Chairman David Clark Robert Guerette Hal Wheeler Ryan King Bill Masters City Staff Present: Katherine Weber David Gould Peter Witham Chairman Fournier called the meeting to order at 7:00 p.m. The Chairman noted that in the absence of Member Costlow, Associate members King and Masters would alternate voting in that order. CONSENT AGENDA Chairman Fournier asked if any Member of the Board wished to remove any item from the Consent Agenda. Mr. Wheeler requested that Item No. 1 be removed for questions. As no one wished to remove any other items, Chairman Fournier asked for a motion. Mr. Guerette moved to approve Items No. 2, 3, and 4 of the Consent Agenda as read. Mr. Clark seconded the motion, and the Board voted 5 in favor and 0 opposed to approve the following Consent Agenda items. Item No. 2: Site Development Plan approval to reuse 1000-sq. ft. of existing building, construction of a parking lot expansion, and vehicular access changes at 1178 Hammond Street in a General Commercial and Service District. Sullivan Tire, applicant. Item No. 3: Request for an extension of the starting and completion dates for the conversion of an existing building located at 24 Pleasant Street to residential/commercial condominium space. Ruth Saliba, d/b/a Pleasant Street Condos, applicant. Item No. 4: Request for an extension of the starting and completion dates for construction of a 12,000 square foot retail building located at 700 Stillwater Avenue. Three Rivers Corporation, applicant. ITEM REMOVED FROM CONSENT AGENDA Item No. 1: Site Development Plan approval for a Planned Group Development of the existing development complex at 677-687 Hogan Road in a General Commercial and Service District. Bangor Square Mall, LLC, applicant. Chairman Fournier asked if the applicant would provide the Board with a brief overview of the project. Mr. John Gendron, partner of Bangor Square Mall, LLC, explained that they would like to separate the Bangor Savings Bank development from the Bangor Square Mall, LLC, and were asking for Planned Group Development approval to accomplish this separation. Member Wheeler explained that most of his questions should be directed to Staff, but he would ask Mr. Gendron his first question; that being, the motive and purpose behind the separation of Bangor Savings Bank from the rest of the Mall. Mr. Gendron explained that it was complicated, but it comes down to different partnerships being involved in the acquisition of this property (and he is one of the partners). In the partners’ view, Bangor Savings Bank stands alone as commercial real estate that is different from the other real estate in the Mall. Because the Bank has a 20-year lease, it made sense to split it off from the rest of the Mall ownership. Mr. Wheeler said that it did make sense, and he understood the reasons behind the request to create the separation of ownerships, but that it was not his primary concern. He then asked Planning Officer Weber about the term “single development entity” as indicated in Item 1. b., and if she could help him to find that term in the glossary of the Land Development Code. Ms. Weber explained that the term was synonymous with “Planned Group Development” (Section 169-69). Mr. Wheeler indicated that this was brand new terminology to him because he had not read the Ordinance cover to cover yet. He asked Ms. Weber if she could summarize this section. He then explained to the Chairman that the motive behind his questions are that apparently Bangor Savings Bank wishes to remain within the purview or single entity development of the Maine Square Mall, even though it intends to separate. Ms. Weber explained that Planned Group Development was a method whereby several adjacent developments can meet ordinance requirements jointly instead of as individual parcels with single requirements for lot coverage, impervious surface, access, frontage, setbacks, open space, buffers, etc. per lot. Several lots can be combined so that the development standards are applied to group development rather than on a lot by lot basis. An example in this type of site plan is the shared frontage, no internal setbacks, and buffers around the whole development instead of around the individual developments. All of the standards must be met overall and cannot be exceeded. Cross easements are used to share access drives, utilities, and the other development requirements. 2 Mr. Wheeler asked if he understood correctly that Bangor Savings Bank was going to remain within the single development entity even though it was planning to move its facility out of that development. Ms. Weber answered that it still will be part of the planned group development. Mr. Wheeler wondered how that could be if it was not going to be there anymore. Mr. Fournier said that he didn’t think that anyone was saying it was leaving. Ms. Weber reaffirmed the bank was still going to be there physically. She noted that the owners have a separate financial arrangement that they need to achieve, but that the bank parcel will still be an integral part of the development. Mr. Wheeler stated that he saw where he was confused in that Item 1.c. of the Memorandum stated that Bangor Savings Bank wishes to create a separate parcel. That led him to believe that Bangor Savings Bank was going to construct a different facility apart from the Maine Square Mall. Ms. Weber reiterated again that what is in the development now is what will remain, and with the same footprint. Mr. Wheeler said that he understood now, that there had been some confusion of terms, and that he was satisfied. Ms Weber added that the reason the Planned Group Development is necessary at this site is because McDonalds, the Maine Square Mall, and Bangor Savings Bank need to create a combined development that meets all of the development standards. Because frontage is limited, the Maine Square Mall, by, would not meet that particular standard without a Planned Group Development. Each of the parcels may stand alone as far as ownership is concerned, but they all have to be combined to meet the Ordinance standards. Mr. Wheeler asked if there is any contradiction of terms by being in different ownerships. Ms. Weber said no; there are many different forms of ownership that may be involved, such as leases and subleases. Mr. Wheeler asked if aside from Bangor Savings Bank, the other entities would be the same. Ms. Weber said that McDonald’s was a stand-alone ownership, and the Mall itself, but invited Mr. Gendron to clarify the answer to Mr. Wheeler’s question. Mr. Gendron explained that some of the partners involved in the Maine Square Mall and McDonald’s are also involved in Bangor Savings Bank. There are two reasons for requesting multiple ownership, and the bigger reason is financial. In commercial real estate, there are different loans categories at different interest rates to consider, and once a property reaches a certain level, higher rates are applied. He said that there are real advantages to Planned Unit Developments with respect to ownership and financial issues. He said that he thought part of the question was whether there was an agreement among the different parties relative to the management of the property. Mr. Gendron indicated that there is and will continue to be cooperation in the management of the property for purposes of meeting the regulations of Bangor’s Land Development Code. Mr. Wheeler said that he had no more questions. Mr. Masters asked the Planning Officer about the line “No new development is proposed at this time.” He wondered if more development is possible as a result of this change. Ms. Weber answered that no new development is planned. Furthermore, the development is maximized on the site, although there is certainly potential for different site plans to be brought before the Board for different 3 development arrangements in the future. There is always the potential for a development to be completely reconstructed. Mr. King asked for clarification if there was not already a Planned Unit Development at this time here. Mr. Fournier said that it was not a Planned Unit Development, but a Planned Group Development. Ms. Weber affirmed that it was an application for a Planned Group Development, not an application for new development or changes to the existing development. Mr. Fournier asked if there were any other questions. Seeing none, he said that he would be glad to accept a motion. Mr. Guerette moved to approve the Site Development Plan for a Planned Group Development for Bangor Square Mall, LLC. Mr. Clark seconded the motion, and the Board voted 5 to 0 to approve the Planned Group Development application for the Bangor Square Mall. APPROVAL OF MINUTES Item No. 4: Planning Board Approval of Minutes. Ms. Weber noted there was a typographical error in the Minutes of the June 3, 2003 Meeting concerning the vote on the May 20, 2003. She noted that Minutes should read, “the Minutes were approved by a vote of 5 in favor and 0 opposed.” Chairman Fournier called for a motion on the Minutes of June 3, 2003 with the correction noted by the Planning Officer. Mr. Guerette moved approval of the Minutes of June 3, 2003 as amended. Mr. Clark seconded the motion, and the Board voted 5 in favor and none opposed to approving the Minutes of June 3, 2003. NEW BUSINESS Item No. 5: Final Subdivision Plan approval for a developmental subdivision of the existing development at 1010 Union Street in a Shopping and Personal Service District. Hilltop Inn, Inc., applicant. Planning Officer Weber indicated that the applicant, Hilltop Inn, Inc. had requested that this item be continued to the next regular meeting. ADJOURNMENT As there was no further business 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 7:24 p.m. 4