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HomeMy WebLinkAbout2002-03-19 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF MARCH 19, 2002 MINUTES Board Members Present: Richard Fournier, Chairman Mary Ann Bostwick David Clark Robert Guerette Robert Lingley Harold Wheeler City Staff Present: Katherine Weber James Ring John Hamer Peter Witham David Gould Lynn Johnson News Media Present: Bangor Daily News Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Board Member Costlow, Associate Members Clark and Guerette alternated voting beginning with Mr. Guerette. CONSENT AGENDA As no one wished to remove the item for discussion, Chairman Fournier asked for a motion. Mr. Wheeler moved to approve the Consent Agenda. Mrs. Bostwick seconded the motion. The motion passed by a vote of 5 to 0. The item approved is: Item No. 1: Final Subdivision Plan Revision for property located at 229 Springer Drive in a General Commercial and Service District. Kimco Realty Corporation, applicant. PUBLIC HEARINGS Item No. 2: To amend the Land Development Code by changing parcels of land located adjacent to Judson Heights Subdivision located off Outer Broadway north of Judson Boulevard, from Rural Residence and Agricultural District, Low Density Residential District and High Density Residential District to Low Density Residential District, High Density Residential District and Shopping and Personal Service District. Said parcels containing approximately 225 acres. Judson M. Grant, Jr./Mike Longo, applicants. C.O. # 02-127. Chairman Fournier opened the public hearing and discussed with the audience the public hearing procedure in that: (1) the Board would hear from the applicant; (2) the proponents; and (3) then opponents. This would be followed by Staff comments and the Board’s discussion. Chairman Fournier asked that all questions be directed to the Board, and the Board would ask the applicant to address those items deemed necessary. Chairman Fournier went on to say that the item before the Board was a request for a zoning change and not a site development plan, and the Board would hear only those items germane to the zone change request. P. Andrew Hamilton, Esq., and Andrew Sturgeon, represented the applicants. Mr. Hamilton explained that the applicants were requesting this major rezoning, rather than on a piecemeal basis, in order to make a statement of the applicant’s long-term plans. Mr. Hamilton indicated that the zone change was in three components: (1) the mobile home park, (2) Judson Heights Subdivision; and (3) the commercial area along Broadway. He indicated that the applicant would like to add 17 new lots to the existing Birch Hill Estates Mobile Home Park. Mr. Hamilton explained that the Park is currently zoned Rural Residence & Agriculture District (RR & A). When the Land Development Code was adopted in 1991, mobile home parks were no longer permitted in the Rural Residence & Agriculture District. Therefore, the mobile home park is presently a nonconforming use. In order to bring it into conformity with current standards, the applicants are requesting a change to High Density Residential (HDR). The applicants also are proposing to expand the Judson Heights Subdivision, thus, the requested zone change to Low Density Residential (LDR) The applicants are also requesting that the remaining area along the Broadway frontage be rezoned to Shopping and Personal Service (S & PS) zoning for commercial use. Chairman Fournier then asked for proponents. There being none, he asked for opponents. Robert Colangelo, 181 Judson Boulevard, said that his main concern is the sewer line that goes up to Judson Boulevard since his home has been flooded 15 times. He was also concerned about any future blasting if homes were built on the vacant land that he said contains ledge. He indicated that he had problems in the past and had ended up with cracks in his foundation. He said that the additional 17 mobile homes will also be located on ledge. He was also concerned about increased traffic from further development. 2 Geoffrey Gratwick, a Kenduskeag Avenue resident, spoke in opposition. He said that he felt that the City needs to protect the remaining Rural Residence & Agriculture land. He was also concerned that traffic would increase dramatically, and was concerned about potential wetland changes in this area. Joe Clark, 1576 Broadway, was concerned about having a buffer between his property and the proposed commercial area. Rick Bernstein, a Balsam Drive resident, said that he would like for the existing area where the hydro line is located behind his house on Balsam Drive to be restricted so that no development would be allowed in that area. He was also concerned about the commercial development on Broadway and increased traffic from this development. James Michaud, LaSalle Drive, said that he was opposed to the proposal because he was concerned about the residents’ safety. He indicated that he was concerned about adding additional lots and mobile homes with only one access through Judson Boulevard. He said that it would be nice for the residents and the people who live there to keep it residential. Mr. Hamilton indicated that many of the issues raised would be addressed at the site development plan approval stage. He indicated that the applicant was not intending to develop beyond the urban growth boundary. There would be a series of improvements done to this section to Broadway as a result of increased development, and that the Maine Department of Transportation was watching this area carefully. He told the Board that the applicant was confident that they can address the issue of providing a buffer from the commercial development, and that the applicant was willing to make sure that the open field where the 80-foot Hydro Line exists does not become any part of a subdivision or a site plan. The Board discussed the area in question regarding its present and proposed uses and preserving agricultural areas of the City. Mr. Lingley indicated that he would like to go on the record that this is going to be an issue down the line, and he hoped the applicant paid attention to the fact that there should be some room for some preservation of the historic uses of the land even though it may be designated for high density use. Chairman Fournier then asked for Staff comments. Planning Officer Weber noted that this was one of the largest areas to be rezoned in the City. She stated that this was a request to rezone three current zones to three new zones. The change from Rural Residence & Agriculture to High Density Residential is the appropriate zone for a mobile home park. The request from Rural Residence & Agriculture to Low Density Residential to expand the Judson Heights Subdivision was also an appropriate zone. The requested change to Shopping & Personal Service is the appropriate commercial designation for this section of Outer Broadway. Planning Officer Weber discussed the Comprehensive Plan 2000’s developing policy for this area that is targeted for future urban development, falls within the Urban Growth Boundary, and is within the Primary Service Area. She emphasized that the 3 development issues brought up at the meeting would be addressed in the site planning process. She added that the City is very concerned and would be looking at this area as far as infrastructure, traffic improvements, maintaining the neighborhoods, and buffers. Planning Officer Weber told the Board that Staff recommended that the Planning Board recommend approval of this zone change to the City Council. The Board had questions regarding the intersection of Broadway and Burleigh Road. Jim Ring, City Engineer, discussed the traffic issues in this area. He told the Board that the City had requested funding and approval from the Maine Department of Transportation to do improvements in this area. The City has received funding and this intersection is included in the Work Program. Some of the improvements are scheduled to be done later this year. He went on to say that any sizeable scale of development is required to get a separate traffic permit from the State, and often times the developer is required to make additional improvements. Mr. Lingley asked if the City was looking at using Kenduskeag Avenue as a corridor to alleviate traffic along Broadway. Mr. Ring indicated that the City is not pursuing making this a by-pass. Although traffic has increased on Kenduskeag Avenue there has been a 1.5 to 2% increase in traffic throughout Bangor. As no one else spoke, Chairman Fournier closed the Public Hearing and asked for a motion. Mrs. Bostwick moved to recommend to the City Council that the zone change contained in C.O. # 02-127 be approved. Mr. Wheeler seconded the motion. The Board voted 5 to 0 in favor. APPROVAL OF MINUTES Item No. 3: Planning Board Approval of Minutes Mr. Lingley moved to approve the minutes of the March 5, 2002 Meeting. Mrs. Bostwick seconded the motion which carried by a vote of 5 to 0. NEW BUSINESS Item No. 4: Site Location of Development Modification to Amend the “Condition of Approval.” Keven Ireland, applicant. Mr. Lingley asked to recuse himself from consideration of this item as he represented the applicant in the purchase of this property. A motion was made, seconded and the vote was all in favor to recuse Mr. Lingley. David Moyse, Moyse Environmental Services, represented the applicant. In 1994, the Planning Board approved the SLODA with a condition attached that prohibited construction of structures or roads in certain hydric soils. Mr. Moyse indicated that the applicant, Mr. Ireland, proposes to subdivide a portion this 40 acre parcel located on Outer Essex Street next to Fox Hollow into seven lots. He said that at the time this Site 4 Location of Development was approved, the previous owner did not have a detailed wetlands examination on this lot. Mr. Moyse indicated that he has conducted a detailed wetlands examination of this lot for the applicant. Mr. Ireland now wishes to bring the condition into compliance with current wetland regulations, and is asking the Board to remove the condition contained in the Board Order. Chairman Fournier asked for comments from the audience. Dave Musselman, an abutting property owner, told the Board that when this original 40 acres was purchased, the neighbors were notified that this was to be one lot, and not to be developed. Now, the applicant has purchased 4 more acres. Mr. Musselman said that he had no objection to the additional land being developed, but he did not think that it is a good idea to now develop the original parcel. He expressed his concern with the map because it does not show the entire wetland, and it does show a great deal of hydric soils in this area. He added that he felt that there was more wetland than what Mr. Moyse has delineated. He was concerned that this area would be impacted by the creation of more lots and because the lots will be serviced by wells, and that the new wells will impact the existing wells in this area. Mr. Musselman was also very concerned that valuable wetlands in this area would be lost. Mr. Bob Bryce, owner of land adjacent to proposed site, explained that he raises 25 cattle on his land. He said that is not good land because it has a lot of ledge on it, and that “people and cattle don’t mix.” One problem is E-coli. Cow manure and drilled wells are not going to work. Mr. Bryce said that he had been raising cattle on this site for 21 years. He said that he would like for the applicant to build on the other side of the road. Mr. Moyse indicated that, in his opinion, not all the hydric soils are wetlands. He indicated that he was working with the Department of Environmental Protection Staff who were very familiar with this area. He said that this subdivision was not encroaching on the stream, and that the discussion was about the “condition of approval” and not the subdivision plan. Chairman Fournier then asked for comments from Staff. Planning Officer Weber noted that this was a request to modify the Site Location of Development Act permit. She went on to say that if the applicant submits a subdivision plan, there is a rigorous review process. She also said that the Planning Board could require wetlands delineation on the subdivision plan. The request before the Board is to modify the original condition of approval that created this lot. Planning Officer Webber discussed the various options the Board had: (1) Having the original condition remain; (2) Altering the restriction to a portion of the lot, (3) Rewording the condition to allow wetland impacts consistent with State of Maine Department of Environmental Protection rules, and (4) Requiring that wetlands be delineated on the subdivision plan. The Planning Staff recommended eliminating the original condition and replacing it with the condition that wetland areas are delineated on the subdivision plan. Planning Officer Weber also noted that the City goes by Sate 5 Department of Environmental Protection regulations regarding wetlands under its Shoreland Zoning provisions. After considerable discussion, Mrs. Bostwick moved to delete the condition contained in the Site Location of Development Act Order, and replace it with the condition that wetland areas are delineated on the subdivision plan. Mr. Wheeler seconded the motion. The Board voted 4 to 1 in favor. Item No. 5: To consider a request for a Waiver of Parking in the Downtown Development District and Developmental Subdivision Approval to reuse the existing building at 72-80 Columbia Street for 3,800 sq. ft. of retail use and 8 apartments. Thomas Hatch Block, LLP, applicant. Planning Officer Weber informed the Board that the applicant had requested that the Developmental Subdivision Plan be continued. Board voted unanimously in favor of a motion to postpone consideration of the subdivision plan until its next meeting on April 2, 2002. Bob Kelly, the applicant, told the Board that he would like them to consider the Parking Waiver request. Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that Staff recommended approval of the parking waiver request in the Downtown Development District for 27 spaces to reuse the existing building at 72-80 Columbia Street for retail use and 8 apartments. The request meets the requirements of the Land Development Code as the applicant cannot provide the spaces on site, and there is public parking available within 500 feet of the building on Colombia Street. Mr. Lingley moved to approve the request for a parking waiver in the Downtown Development District for 27 spaces. Mrs. Bostwick seconded the motion. The Board voted 5 to 0 in favor. OTHER BUSINESS John Hamer updated the Board on the pending court case involving Widewaters. Mr. Hamer told the Board that the City had received a remand from the Superior Court to go ahead and issue the Findings of Fact. He indicated that Mr. Costlow would be sharing a draft of the Findings of Fact with those Board members who voted. There being no further items for discussion, the meeting adjourned at 8:55 p.m. 6