Loading...
HomeMy WebLinkAbout2002-12-18 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF DECEMBER 18, 2001 MINUTES Board Members Present: Richard Fournier, Chairman Mary Ann Bostwick David Clark Frederick Costlow Robert Guerette Hal Wheeler City Staff Present: Katherine Weber James Ring Peter Witham David Gould Lynn Johnson News Media Present: None Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Board Member Lingley, Associate Members Clark and Guerette were asked to alternate voting beginning with Mr. Guerette. CONSENT AGENDA As no one wished to remove any of the items for discussion, Chairman Fournier asked for a motion. Mr. Costlow moved to approve the Consent Agenda. Mrs. Bostwick seconded the motion, that carried by a vote of 5 to 0. The items approved are: Item No. 1: To consider a request to extend the starting and completion dates to construct a 1,629 sq. ft. addition and add 16 parking spaces at 302 Husson Avenue in a Contract Shopping and Personal Service District. Norumbega Medical, applicant. Item No. 2: Site Location of Development Modification and Site Development Plan approval to construct a 30-bed, one-story, 17,000 sq. ft addition to the existing Veterans’ Home located on Hogan Road in a Government and Institutional Service District. Maine Veterans’ Home, applicant. PUBLIC HEARINGS Item No. 3: Preliminary subdivision plan approval to construct a 650-foot private street located off Kittredge Road in a Rural Residence and Agricultural District. Spectrum Resources Towers, applicant. Chairman Fournier opened the public hearing and asked for proponents. Eric Carson, of Spectrum Resources Towers, spoke in favor of the Subdivision Plan. He explained that, in order for the applicant to build a 250’ tower on a portion of this lot (Item No. 4, below), the applicant needed preliminary subdivision plan approval to create a Planning Board approved private street in order to provide access and frontage for use of a portion of this parcel. Mr. Costlow asked if the applicant had obtained an easement from the property owner. Mr. Carson indicated one would be executed in the near future. Chairman Fournier then asked for opponents. Mrs. Thibodeau, an abutting property owner, had several questions regarding where the road was to be located and where it was in relationship to her property. She also pointed out that this area was all ledge. Mr. Potter, another abutting property owner, also had questions regarding the location of the proposed tower, whether or not the tower would need a special power line, and how far back from Kittredge Road the tower was proposed. Mr. Carson explained that the tower would be located about 2000 feet in from Kittredge Road, and the tower would be serviced by a 110, 240 volt power line that did not require three phase power. As no one else spoke, Chairman Fournier closed the public hearing and asked for Staff comments. Planning Officer Weber explained that the applicant was proposing to construct a 600 foot Planning Board approved private street. Construction of this type of street requires major subdivision plan approval which consists of both Preliminary Plan approval and later Final Subdivision Plan approval. Planning Officer Weber indicated that the plans as submitted met the requirements for Preliminary Subdivision Plan approval, and Staff would recommend approval of the Preliminary Subdivision Plan as submitted for approval of a Planning Board approved private street. City Engineer James Ring indicated that approval of a Planning Board approved private street is not a usual street approval request, but is designed to accommodate the need for sufficient frontage in order to use the rear of a parcel as is the case in this situation. Mr. Carson asked if the applicant could reduce the width of the travel path as the applicant was only interested in basically a driveway to access the rear of this site. Mr. Ring indicated that while that was a reasonable request, the Ordinance requires a width of 24 feet. Mr. Wheeler felt that Staff had clearly pointed out that the proposed Planning Board approved private street met the requirements of Chapter 165-128, C, (3) and that the applicant had met the requirements. 2 Mr. Costlow then moved to approve the Preliminary Subdivision Plan with the condition that the applicant demonstrate that they have a vested property interest. Mrs. Bostwick seconded the motion. The Board voted 5 to 0 in favor. Item No. 4: Conditional Use/Site Development Plan approval for construction of a 250-foot tall wireless telecommunications facility located on Kittredge Road in a Rural Residence and Agricultural District. Spectrum Resources Towers, applicant. Chairman Fournier opened the public hearing and asked for proponents. Eric Carson of Spectrum Resources Towers, represented the applicant and answered questions posed by the Board. Mr. Carson explained that they proposed to locate a 250-foot tall tower on an approximately 1.5-acre site. The actual compound size is proposed to be 75’ x 75’ and would be surrounded by an 8-foot tall fence. He said that this tower would provide the infrastructure for equipment for 8 to 10 different carriers. He indicated that every tower needed to be licensed by the FCC, and that the applicant had contacted the FCC and the Maine Department of Inland Fish and Wildlife. There being no other proponents, Chairman Fournier asked for opponents. Mr. Potter, an abutting property owner, had questions as to how much of an area this tower will cover, if there were other towers within Bangor, and what could this be used for if it were no longer used as a cellular phone tower. He also expressed his concern about any blasting the applicant may have to do since this area has ledge and his property lies on the same ledge. Mrs. Thibodeau, another abutting property owner, said that she was against this proposal because she was concerned that: (1) she would be able to see the tower from her property, (2) they might add to the tower without getting another site plan approval from the Board; and, (3) the types of waves being emitted from the tower and their potential health issues. She noted that she had talked to her brother who lives in Stockholm, Maine, where there is a tower and some people living near the tower have Parkinsons Disease and cancer. She told the Board that there was insufficient data concerning the health risks associated with towers, and indicated that she was against this proposal. Mr. Wheeler noted that he had worked for 10 years for a radio station that had a transmitter within 250 feet of the station (which had far more wattages than that of a cellular telephone tower) with no personal ill effects to him or anyone else working there. Mr. Carson explained that these types of towers are strictly regulated by the FCC, and are not considered a heath hazard. He noted that there were several other antennas on the tops of buildings around Bangor as well as two towers located off Bomarc Road. Mr. Carson indicated that, if in the event that this tower is no longer in use, they would remove it. Regarding the question of blasting, City Engineer Ring indicated that the applicant would need to obtain a permit from the City before doing any blasting. There are specific ordinance standards that heavily regulate blasting and provide safeguards to neighboring properties. There being no further discussion, Chairman Fournier closed the public hearing and asked for Staff comments. Planning Officer Weber indicated that the Board had two votes before them. One for the conditional use request and the other for the Site Development Plan. She indicated that the 3 Planning Staff finds that the proposal before the Board meets the four standard conditions for approval, as well as, the specific conditional use standards of the Rural Residence and Agriculture District. She noted that the major issued would be the visual impact on the neighborhood. Since the project met all Ordinance requirements, Staff recommended conditional use approval and site development plan approval with the condition that a new plan be submitted showing a private road designation. Mr. Costlow moved to approve the condition use. Mrs. Bostwick seconded the motion. The Board voted 5 to 0 in favor. Mr. Costlow then moved to approve the Site Development Plan with the condition that a new plan be submitted indicating the private roadway. Mr. Guerette seconded the motion. The Board voted 5 to 0 in favor. Item No. 5: To amend the Land Development Code by changing portions of 17 parcels of land located along Osgood Brook from Rural Residence and Agriculture District to Resource Protection District. Said portions of parcels containing approximately 49.9 acres. City of Bangor, applicant. C.O. # 02-47. The public hearing was opened by Chairman Fournier. Planning Officer Weber indicated that the following three zone changes were requested by the City of Bangor in order to: (1) meet the requirements of a November 30, 2000 Board Order from the Department of Environmental Protection in order for the City’s Zoning Ordinance to be in compliance with the State’s Shoreland Zoning Regulations; (2) to implement the policies of the Comprehensive Plan 2000; and (3) to be in accordance with the City Council’s Resolve reaffirming the Comprehensive Plan and recommending the development of a plan to oversee growth and development in the Penjajawoc Stream Watershed. Planning Officer Weber noted that text amendments to the Shoreland Zoning section of the City’s Land Development Code had earlier been recommended by the Planning Board and adopted by the City Council in December, 2000 to bring the text into compliance with the DEP Board Order. The City also rezoned land along the lower portion of the Penjajawoc Stream from Stream Protection District to Resource Protection District in June 20001 as part of the City’s effort to comply with the DEP Board Order. Planning Officer Weber discussed with the Board the permitted uses in the Resource Protection District and added that a major difference would be that no structures would be allowed to be constructed within 75’ of the high water mark of the streams under consideration. Chairman Fournier then asked for opponents. James McLeod had questions regarding whether or not they could cross the stream on their property. He noted that it was his brothers’ wish to build a house near the stream. He was concerned that if the zone change were passed, much of their land would be used up and not available for their own use. Walter Cunningham, 1806 Ohio Street, said that this zone change was affecting 1/3 of his property and he did not think it was fair. He said that the land had been in his family for several years and that he was concerned with what his heirs could do with the land. Presently, he forests on the land and have four bridges which cross the brook. His animals drink from the brook and he was concerned that he would not be able to continue to use his land as he presently does. Planning Officer Weber 4 indicated that the existing uses would be grandfathered and would run with the land. Mr. Cunningham indicated that he felt that this zone change was prearranged. Mr. Wheeler had questions about when the abuttor notices were mailed to the property owners, and expressed his concern that the zone change would affect the owners’ property values and that owner rights would be taken away. Dr. Frederick Oldenburg, owner of property abutting the upper Penjajawoc Stream, also expressed his concern about the pending zone change. James McLeod said that the Resource Protection District has more regulations and thus he would have less freedom and control over their land. He said that he felt that their value would be diminished and it would be much more complicated to use their land. Mr. Moralis asked what the current zoning designation is for his property. Planning Officer Weber indicated that his property was currently zoned Rural Residence and Agriculture. As no one else spoke, Chairman Fournier closed the public hearing and asked for further Staff comments. Planning Officer Weber told the Board that Staff would recommend approval of the proposed rezoning along Osgood Brook as indicated in C.O. # 02-47. Mr. Guerette asked why only these three streams were being considered. Planning Officer Weber explained that the Staff was in the process of looking at other streams within the City. However, as the DEP Board Order had indicated a need for regulations with 75 feet of the high water mark for both Osgood Brook and Great Brook and the City’s commitment to provide protection for the Penjajawoc water shed, these three streams were proposed first. The Board discussed the consequences if the zone changes were not approved. Planning Officer Weber indicated that the City’s Land Development Code would not be in compliance with State Statutes which could result in fines and the City could lose State funding sources. After considerable discussion by the Board, Mr. Costlow moved to recommend to the City Council that the zone change contained in C.O. # 02-47 be approved. Mr. Clark seconded the motion. The Board voted 4 to 1 in favor. Item No. 6: To amend the Land Development Code by changing a portion of a parcel of land located at 2230 Broadway and along Great Brook from General Commercial and Service District to Resource Protection District and by changing a portion of 11 parcels of land located along Great Brook from Rural Residence and Agriculture District to Resource Protection District. Said portions of parcels containing approximately 32.37 acres. City of Bangor, applicant. C.O. # 02-48. Chairman Fournier opened the public hearing for this zone change request. Planning Officer Weber indicated that Staff also recommended approval of C.O. # 02-48 for the same reasons as stated in Item No. 5, above. 5 No one spoke in opposition. Chairman Fournier closed the public hearing and asked for a motion. Mr. Costlow moved to recommend to the City Council that the zone change request contained in C.O. # 02-48 be approved. Mrs. Bostwick seconded the motion. The Board voted 4 to 1 in favor. Item No. 7: To amend the Land Development Code by changing a portion of eight parcels of land located adjacent to the upper portion of the Penjajawoc Stream from Rural Residence and Agriculture District to Resource Protection District. Said portions of parcels containing approximately 21 acres. City of Bangor, applicant. C.O. # 02-49. Chairman Fournier opened the public hearing. Planning Officer Weber indicated that Staff recommended approval of the proposed zone change along the upper portion of the Penjajawoc Stream. Bob Work, representing Don Miner whose property abuts the upper Penjajawoc Stream, told the Board that Mr. Miner had lost a lot of land ever since a dam had been built below his property. Because the dam has created a large water area on his land, his rights have been taken away, and he felt that his property was useless. He had questions about how he might be able to across the stream because it was not presently possible to do so. As no one else spoke, Chairman Fournier closed the public hearing. Planning Officer Weber indicated that Staff recommended approval of the proposed rezoning. Mr. Wheeler said that he had real concerns that property rights were being stolen from the property owners by the State of Maine Department of Environmental Protection. He said that, for this reason he was voting “no.” He also indicated that he was opposed to the stream rezonings because he felt that they were unfair. Mr. Wheeler said that he did not feel that he had received adequate notification of the rezonings. Mr. Fournier noted that at the Board’s last meeting, Staff discussed the upcoming rezonings with the Board. There being no further discussion, Mr. Costlow moved to recommend to the City Council that the zone change request contained in C.O. # 02-49 be approved. Mrs. Bostwick seconded the motion. The Board voted 4 to 1 in favor. APPROVAL OF MINUTES Item No. 8: Planning Board Approval of Minutes. Mrs. Bostwick moved to approve the minutes of the December 4, 2001 Meeting. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor. 6 OTHER BUSINESS Planning Officer Weber discussed with the Board the notification process and noted that the Staff makes every effort to keep the Board Members informed of upcoming items for their agenda. She added that the stream rezoning process has been on-going since the November 30, 2000 Board Order was issued by the Department of Environmental Protection. The meeting was adjourned at 9:45 p.m. 7