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Home My WebLink About2002-09-17 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF SEPTEMBER 17, 2002 MINUTES Board Members Present: Richard Fournier, Chairman Frederick Costlow David Clark Robert Guerette Hal Wheeler Bill Masters Ryan King City Staff Present: Katherine Weber James Ring Peter Witham David Gould Chairman Fournier called the meeting to order at 7:05 p.m. CONSENT AGENDA Chairman Fournier asked if anyone wished to remove any item from the Consent Agenda. There being none, he called for a motion. Mr. Guerette moved to approve the Consent Agenda, and the motion was seconded by Mr. Costlow. The Board voted unanimously to approve the Consent Agenda. The items approved are: Item No. 1: Site Development Plan Approval to construct an 88-space parking lot located on Front Street in a Waterfront Development District. City of Bangor, applicant. Item No 2: Site Development Plan Approval to construct a 20’ x 20’ garage at 532 Hammond Street in a Contract Urban Service District. Benjamin C. Brown, applicant. Item No. 3: Site Location of Development Modification/Site Development Plan Approval to demolish and reconstruct a 16,500 square foot building at 307 Hogan Road for use as a car dealership in a General Commercial and Service District. QV Realty Trust, applicant. Item No. 4: Request for an extension of the starting and completion dates for construction of a multi-building office project located at 1048 Union Street in a Shopping and Personal Service District. Hilltop Inn, Inc., applicant. Item No. 5: Request for an extension of the starting and completion dates for conversion of an existing building located at 24 Pleasant Street to residential condominiums in a Waterfront Development District. Ruth Saliba, DBA Pleasant Street Condos, applicant. PUBLIC HEARINGS Item No. 6: To amend the Land Development Code by changing a parcel of land located at 416 Stillwater Avenue from Contract Shopping and Personal Service District to Contract Shopping and Personal Service District to modify the previously approved contract zoning conditions. Morris L. Fer, applicant. C.O. # 02-339. Chairman Fournier opened the Public Hearing, and asked for any proponents. Mr. Morris L. Fer, owner of the property, provided the Board with a history of the original contract zoning approval. After the building’s previous use as a real estate office, it was leased to Community Health and Counseling who had a mix of residential and office uses in the building. Upon inquiring as to the potential of a day care use, he was informed that the existing contract would not allow that use. Mr. Fer indicated that he was advised that an amended contract would be required to facilitate day care and other uses. Mr. Fer indicated that the only changes to the contract would be in the uses, and that change would be to allow a day care center and a school for profit. Mr. Guerette asked if the day care would be a licensed facility. Mr. Fer indicated it would be licensed by the Department of Human Services. Chairman Fournier asked for any other proponents or opponents. There being none, he asked for Staff comments. Katherine Weber, Planning Officer, indicated that this application sought to repeal the original contract conditions for office use only, and replace it with office use, day care center and school for profit. Ms. Weber indicated that this area has a number of Shopping & Personal Service (S&PS) Districts along Stillwater Avenue, all of them being contract zones. Ms. Weber indicated that the proposal is consistent with the other uses in the area, and recommended that the Board make a positive recommendation to the City Council on the proposed contract zone change. Chairman Fournier closed the public hearing and asked for a motion. Mr. Costlow made a motion to recommend to the City Council approval of C. O. #02-339, to change a parcel of 2 land from Shopping & Personal Service (contract) to Shopping & Personal Service (contract) amended. Mr. Clark seconded the motion. The Board voted 5 to 0 in favor of the motion. Item No. 7: To amend the Land Development Code by changing a parcel of land located at 33 Walter Street from Urban Residence 1 District to Urban Service District. Said parcel containing approximately 4,788 square feet. The Boulos Companies, applicant. C.O. # 02-340. Chairman Fournier opened the Public Hearing, and asked for any proponents. Steve Sargent of Appledore Engineering, explained to the Board that the parcel before them was omitted in error from the prior rezoning request held in August. This parcel is located at 33 Walter Street, and is presently zoned Urban Residence 1 District. The zoning designation for this parcel needs to be changed to Urban Service District to undertake the proposed Shaw’s expansion. Mr Sargent asked the Board if they would like for him to revisit the details of the project again. The Board concluded that they were familiar with the project, and Mr. Sargent did not need to repeat his previous explanation. Chairman Fournier asked for any other proponents or opponents. There being none, he closed the Public Hearing and asked for Staff comments. Katherine Weber, Planning Officer, indicated that this area off Main Street was part of that proposed for commercial development in the Main Street Corridor. The parcel under consideration, 33 Walter Street, had Urban Service District zoning on three sides. Ms. Weber recommended that the Board make a positive recommendation to the City Council on the proposed zone change. Mr. Costlow indicated that he was recently involved with some legal work involving Mr. Boulos, and for that reason, requested to abstain from voting to avoid the appearance of a conflict. Chairman Fournier noted that Member King could vote in Mr. Costlow’s stead. Chairman Fournier closed the Public Hearing. Mr. Clark made a motion to recommend approval of C. O. #02-340, to change a parcel of land from Urban Residence 1 District to Urban Service District to the City Council. Ryan King seconded. The Board voted 5 to 0 in favor of the motion. Item No. 8: To Amend the Land Development Code by amending Chapter 165, Section 165-11F – Appeals to Superior Court. City of Bangor, applicant. C.O. # 02- 342. Chairman Fournier opened the Public Hearing, and asked for any proponents. Mr. James Ring, City Engineer, explained that the present City Code was somewhat redundant and confusing relative to appeals. Where the City’s intent is to follow Maine Rule 80B, the present language in the various code sections conflicts with the States guidelines. This amendment would simply defer to the State’s Rule 80B procedure and time lines. The Chairman asked for any other proponents or opponents. There being none, he closed the Public Hearing, and asked for Staff comments. Planning Officer Weber indicated that this amendment was largely a housekeeping measure that was being forwarded from the Legal 3 Office. Ms. Weber recommended that the Board make a positive recommendation to the City Council on the proposed Ordinance amendment. Mr. Wheeler made a motion to recommend adoption to the City Council of C. O. #02- 342.. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor of the motion. APPROVAL OF MINUTES Item No. 9: Planning Board Approval of Minutes th Chairman Fournier noted that the Board had the Minutes of the August 20 Meeting before them but would wait until the next meeting to move approval of the September 3rd and th August 20Meeting Minutes. OTHER BUSINESS Planning Officer Weber thanked those members who attended the workshop session on the proposed amendments to the Land Development Code approval standards held on September 10, 2002. That amendment to Section 165-114 should be before the Board for a Public Hearing at their next meeting. ADJOURNMENT There being no further items for discussion, the meeting was adjourned at 7:28 p.m. 4