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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. 2 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. 3