HomeMy WebLinkAbout2003-11-18 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF TUESDAY, NOVEMBER 16, 2003
MINUTES
Board Members Present: Richard Fournier, Chairman
Frederick Costlow
David Clark
Robert Guerette
John Hansen
Ryan King
Bill Masters
Hal Wheeler
City Staff Present: Katherine Weber
Peter Witham
Lynn Johnson
Chairman Fournier called the meeting to order at 7:00 p.m. All Members
of the Planning Board were present.
APPROVAL OF MINUTES
Item No. 1: Planning Board Approval of Minutes
Chairman Fournier asked for a motion for approval of the Minutes of the
November 4, 2003 Planning Board Meeting. Mr. Guerette moved to approve the
Minutes of the November 4, 2003 Meeting. Mr. Costlow seconded the motion,
and the Board voted five in favor and none opposed to approving the Minutes of
the November 4, 2003 Meeting.
NEW BUSINESS
Item No. 2: Site Development Plan Approval to construct a 1,160-
square foot stairwell and elevator addition and
request for off-site parking for the building located at
417 Main Street in an Urban Service District. Jon and
Nancy Dawson, applicants.
Mr. Fred Marshall of Plymouth Engineering, represented the applicants Jon
and Nancy Dawson. Mr. Marshall explained that the applicants received Site
Development Plan approval for this site two weeks ago for construction of a
second story addition and associated parking. At that time, the applicants
proposed an interior stairway and elevator. When the contractor, Jeff Brown,
began working on the addition, he discovered that because the existing building
was of concrete construction, installation of an interior elevator and stairway
would not be feasible to construct. Therefore, the applicants are now requesting
a revision to their approved Site Development Plan to add a 1,160 square foot
addition for and outside stairway and elevator. Mr. Marshall went on to explain
that the addition necessitates elimination of four proposed parking spaces and
that the additional square footage requires the applicants to provide three
additional parking spaces. In order to do so, the applicants are proposing to
provide the additional 7 spaces off-site by leasing 3 spaces at the Main Street
Garage site and 4 spaces at the Millers Restaurant site. The applicants have
submitted draft copies of both of these leases.
No one spoke in opposition. Chairman Fournier asked for comments from
Staff. Planning Officer Weber indicated that the Site Development Plan
submitted by the applicants, Jon and Nancy Dawson, at 417 Main Street meets
the requirements for site plan submittal with the exception of the 7 additional
parking spaces required for this project. Section 165-73 A allows the Planning
Board to authorize parking on another lot within 500 feet of the proposed site
provided that such lot is held under the same ownership or lease, and is located
in the same or a less restrictive district as the use served. All three parcels are in
the Urban Service District and are located within 500 feet of each other. The
Code Enforcement Office indicates that both of the site developments that will
lease the parking spaces have excess parking available above the minimum
required spaces required for their existing uses under the Land Development
Code.
Planning Officer Weber indicated that the applicants have submitted draft
copies of two leases with neighboring property owners for the additional 7
spaces. The Planning Staff recommended Site Development Plan Approval with
the condition that the City be provided with a copy of the executed parking
leases within 30 days of Planning Board approval.
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Mr. Masters questioned why the applicant would be required to pay for
additional parking if it was deemed that there was adequate parking already on-
site. Planning Officer Weber indicated that it would be necessary for the
applicant to provide the additional 7-spaces as it is an Ordinance requirement.
Mr. Masters asked if the applicant could be granted a variance, as was the Sea
Dog Restaurant. Ms. Weber indicated that the Sea Dog Restaurant was granted
a parking waiver under the provisions of the Waterfront Development District.
The provisions of that District have since been amended to eliminate parking
requirements in that District as there is public parking available. Ms. Weber also
noted that only under the Downtown Development District can a parking waiver
be granted and because this particular site is in an Urban Service District those
provisions would not apply.
Mr. Wheeler asked if the leased spaces would be designated for use only
by the applicant. Mr. Marshall indicated that he believed that they would be but
added that he did not feel that both business would have the same hours of
operation and would not be competing for the same spaces.
Mr. Costlow asked to recuse himself from voting. Mr. Wheeler asked if it
was necessary for Mr. Costlow to state his reason for his request. Planning
Officer Weber told the Board that the Board should determine whether it feels
that Mr. Costlow has a conflict. Mr. Costlow indicated that his Law Firm might be
involved in a case with Dawson Realty. Mr. Guerette indicated that he did not
feel that Mr. Costlow had any conflict. After some discussion, the Board voted
unanimously to recuse Mr. Costlow from voting.
Mr. Fournier asked Mr. Masters to vote. Mr. Guerette then moved to
approve the Site Development Plan for Jon and Nancy Dawson at 417 Main
Street with the condition that the City be provided with a copy of the executed
parking leases within 30 days of Planning Board approval. Mr. Clark seconded
the motion. The Board voted 5 in favor and 0 opposed to approve the Site
Development Plan, with the condition, at 417 Main Street.
There being no further items for discussion, the meeting was adjourned at
7:15 p.m.
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