HomeMy WebLinkAbout2002-12-17 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF DECEMBER 17, 2002
MINUTES
Board Members Present: Richard Fournier, Chairman
David Clark
Harold Wheeler
Bill Masters
John Hanson
Ryan King
City Staff Present: Katherine Weber
David Gould
Peter Witham
Jim Ring
Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Members
Guerette and Costlow, Chairman Fournier indicated that Associate Members Hanson, King and
Masters would alternate voting starting with Mr. Hanson.
CONSENT AGENDA
Chairman Fournier asked if any Members of the Board wished to remove any items from
the Consent Agenda. As no wished to remove any of the items, Chairman Fournier asked for a
motion. Mr. Hanson moved to approve the Consent Agenda as proposed. Mr. Clark seconded
the motion, and the Board voted 5 in favor and 0 opposed to approve the Consent Agenda. The
items approved are as follows:
Item No. 1: Site Location of Development Modification/Site Development Plan approval
to construct a 576 square foot accessory structure at the existing Veterans
home located at 762 State Street in a Government and Institutional Service
District. Maine Veteran’s Home, applicant.
Item No. 2: Modification/Site Development Plan Approval to construct an 8,800 square
foot addition to the existing Recycling Building and Bus garage located off
Maine Avenue in a Government and Institutional Service District. City of
Bangor, applicant.
Item No. 3: Site Development Plan Approval to fill and grade property located on Outer
Union Street in a Rural Residence and Agriculture District. H.E. Sargent,
applicant.
Item No. 4: Site Development Plan Approval to revise the existing approved site plan for
construction of two, four-unit apartment buildings by increasing the foot
print of each building by 144-square feet located at 63 Fieldstone Drive in a
High Density Residential District. Ralph McPherson and Brian Shaboski,
applicants.
Item No. 5: Site Development Plan Approval to construct a 9,000 square foot office
building located at Telcom Drive and Union Street in a General Commercial
and Service District. Grotto Bay, Realty Trust, applicant.
PUBLIC HEARINGS
Item No. 6: To amend the Land Development Code by changing a parcel of land located
at 213 Ohio Street from Urban Residence-2 District to Contract Urban
Service District. Said parcel of land containing approximately 14,000 sq. ft.
Webber Oil Company, applicant. C.O. # 03-29
Chairman Fournier opened the Public Hearing, and asked if a representative of the
applicant would make a brief presentation. The Chairman noted that Associate Members Masters
and King would be voting.
Mr. Raymond Cota, of Webber Oil Company, indicated that this building was one of
Webber’s first Gasoline Service Stations many years ago. The site has been in Webber’s
ownership through various uses over time, and most recently as a take-out restaurant. Mr. Cota
explained that the building is adjacent to Leadbetter’s Market, a Laundromat, and a multi-family
structure. Mr. Cota noted that while on paper the lot is approximately 14,000 square feet, nearly
half of it is unusable due to the steep slope behind the building. He indicated that the applicant
was requesting a zone change to Contract Urban Service District in order to utilize the 546
square foot structure.
The Chairman asked for any other proponents. There being no other proponents or any
opponents, Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that
the proposal would change this parcel from an Urban Residence-2 District to Contract Urban
Service District. The existing use is a nonconforming use in the residential district. While this
area is intended for residential development, the contract zone change is an excellent vehicle to
mitigate the potential adverse impacts of a commercial use.
Mr. Masters asked why would it not be appropriate to rezone this property to a straight
Neighborhood Service District. Ms. Weber indicated that the contract provisions provide specific
protections for the neighborhood that a NSD would not. Mr. King asked for additional
information regarding the Comprehensive Plan’s intended use for this area. Ms. Weber indicated
that the Comprehensive Plan recognizes this area as a residential neighborhood, although it does
make allowances for existing uses to be maintained, and the contract standards help mitigate the
potential adverse impacts of a small commercial use on this parcel.
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Mr. Wheeler indicated that he had once resided in this general area, which had numerous
neighborhood stores that served the needs of nearby residents. He noted that this type of
development was the historic pattern of the City’s older neighborhoods. Mr. Wheeler went on to
say that, if the applicant is content with the proposed contract zone change and the City Staff is
content with the proposed contract conditions then the Board should be supportive of the
application.
As there was no further discussion, Mr. Clark moved to recommend that Council Order #
03-29 be adopted by the City Council. Mr. Masters seconded the motion, and the Board voted 5
to 0 in favor of recommending approval of C.O.# 03-29 - Contract Zone Change for 213 Ohio
Street from Urban Residence-2 District to Contract Urban Service District, Webber Oil
Company, applicant.
Item No. 7: Preliminary 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.
Chairman Fournier opened the Public Hearing, and asked if a representative of the
applicant would make a brief presentation. The Chairman noted that Associate Members Hanson
and Masters would be voting on this application.
Mr. Andrew Sturgeon of the Ames Corporation, provided the Board with a brief
overview of the project. Mr. Sturgeon noted that the applicant had been before the Board in
March, 2002 to request a zone change that facilitated the further development of this Broadway
property. This single-family housing portion of the proposed development follows the previous
approval by the Board in October 2002 to expand the mobile home park.
The applicant proposes to build three new roadways to serve 57-house lots. All of the
proposed lots will be serviced by public sewer and water. The majority of the lots will be a half
acre or greater in size. The roadway grades are between 1% and 6 % as required by the City
Engineer’s Office. Two of the roads end in cul de sacs, and the third proposed road has a “T”
turnaround in anticipation of a new street accessing Broadway to serve Phase II of the
development.
Mr. Sturgeon also noted that the traffic analysis for the project indicates that it would be
beneficial to have a central turning lane in Broadway both north and south of Judson Boulevard.
Mr. Masters asked if the proposal would include areas for neighborhood children to play
in and whether the development would include sidewalks. Mr. Sturgeon indicated that such
recreation areas presently exist throughout the Judson Heights development, and it is planned
that a larger area will be dedicated to open space use in the Phase II development. Mr. Sturgeon
also indicated that the roadway design is intended to match that of the existing Judson Heights
development, that being a wider travel-way and no sidewalks.
Chairman Fournier asked for any other proponents. There being none, he asked for any
opponents. Mr. Mike Michaud, of 14 LaSalle Drive, asked if the public could see the applicants’
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plans that were facing the Planning Board. He was interested in seeing where the proposed
roadways connected with the existing development. Mr. Sturgeon turned the plans toward the
audience, and explained the connection of Peruvian Way and Hillside Drive to Judson Boulevard
and LaSalle Drive, respectively.
There being no further comments, the Chairman closed the Public Hearing, and asked for
Staff comments. Katherine Weber, Planning Officer, indicated that the proposal before the Board
was for Preliminary Plan approval of 57-lots on 39 acres in a Low Density Residential District.
Most of the lots are in excess of 20,000 square feet. Planning Officer Weber indicated that the
applicant has provided stormwater analysis and traffic analysis that has been reviewed by City
Staff. She noted that there are only a few minor details to be addressed by the applicant, and
these details can be included in the Final Plan submission. The Planning Staff recommended that
the Board grant Preliminary Plan approval.
Mr. Masters asked for clarification of the improvements proposed for Broadway, and
whether the speed and volumes could handle the additional turning movements. City Engineer,
James Ring, explained that presently Broadway has two northbound lanes, one being a through
lane and one being a right-turn lane. Unfortunately, they act as a default passing lane. Work
should begin soon on improvements at the Broadway-Burleigh Road intersection that will add
additional lanes. The proposed center turn-lane could fit into that scheme well.
Mr. Hanson asked what is the anticipated timing of Phase II given that significant open
space and traffic infrastructure supporting this development is part of that phase. Michael
Longo, of Grant Trailer Sales, indicated that it is their intent to begin Phase I this spring and
proceed with Phase II upon the completion of Phase I. Mr. Longo said that, as long as the
economy stays good, they anticipate starting Phase II immediately after Phase I.
Mr. Wheeler moved to grant Preliminary Plan Approval to Judson M. Grant for his 57-lot
subdivision as presented. Mr. Masters seconded the motion. The Board voted 5 to 0 in favor of
the motion to approve the Preliminary Plan as presented.
APPROVAL OF MINUTES
Item No. 8: Planning Board Approval of Minutes.
Chairman Fournier noted that because the Board had just received the December 3, 2002
Minutes, the Board would consider them at the next regular meeting.
NEW BUSINESS
Item No. 9: Planning Board Bylaws
Chairman Fournier indicated that the Board had received a revised set of Planning Board
By-Laws for their review and adoption if so warranted. Chairman Fournier noted that under the
Administrative Section, it indicated that the Board would receive Planning Board Minutes 5 days
in advance. He questioned whether that was plausible given the current practices of the last few
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years. Planning Officer Weber indicated 5 days was the goal or target to get the Minutes to the
Board.
Mr. Wheeler asked if the language in Article 3 - Conflicts of Interest “Believes a conflict
exists” is open to unfounded allegations of conflict as opposed to factual information. Assistant
City Solicitor John Hamer indicated that this is the language used in the City’s Code of Ethics.
Mr. Wheeler agreed to defer to the Ordinance language.
Mr. Wheeler asked if the language in Section B-3, Special Interest was vague. Assistant
City Solicitor John Hamer indicated that, again this language was taken from the City’s Code of
Ethics. Again, Mr. Wheeler agreed to defer to the Ordinance language. Mr. Wheeler noted a
few misspellings - Section 8 B, page 4, should be “than,” and Section 9, first sentence should be
“public”.
Mr. King asked for more specific information on the approval standards to be cited in the
denial of an application. Planning Officer Weber noted that typically, it is the Ordinance
Standards of Section 165-114 that should be cited by Board Members. Assistant City Solicitor
Hamer also noted that the Board should make written findings and conclusions on its decisions
because the reasons for specific decisions need to be in the record.
Mr. Wheeler questioned the language “Entire Board present.” Mr. Hamer indicated that
the language was intended to allow Associate Members to vote on By-Laws amendments.
Mr. Hanson asked if the designation of voting associates should be clarified other than
the existing random pattern. As presently practiced, if designation is made after discussion, there
may be the potential perception of bias in that selection. Mr. Hamer noted that the voting
associate should be designated prior to any public hearing or discussion on an item.
Mr. Hanson moved to approve the Planning Board By-Laws, as amended. Mr. Wheeler
seconded the motion. The Board voted unanimously, 6 in favor and 0 opposed to approve the
By-Laws as amended.
Planning Officer Weber wished the Board a Happy Holiday Season.
Mr. Wheeler noted that the Legal Staff had provided the Board with appreciated legal
counsel on its By-Laws and procedural practices.
ADJOURNMENT
As there was no further business, the Chairman called for a motion to adjourn. Mr. Clark
moved to adjourn. Mr. Wheeler seconded the motion, and the meeting was adjourned at 8:20
p.m.
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