HomeMy WebLinkAbout2002-07-16 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JULY 16, 2002
MINUTES
Board Members Present: Richard Fournier, Chairman
Robert Guerette
Harold Wheeler
Ryan King
City Staff Present: Katherine Weber
James Ring
Lynn Johnson
David Gould
Peter Witham
Chairman Fournier called the meeting to order at 7:00 p.m. Mr. Fournier noted
that in the absence of regular members, Associate Member King would be voting.
Chairman Fournier informed the applicants that, with only four voting members, any
applicant may request that their item be continued to the next meeting when more
members may be present.
PUBLIC HEARINGS
Item No. 1: To amend the Land Development Code by changing a parcels of land
located at 1037 Stillwater Avenue from Shopping & Personal Service
District to General Commercial and Service District. Said parcel
containing approximately 11.34 acres. W/S Development Associates,
applicant. C.O. # 02-275.
Chairman Fournier explained the format for the Public Hearing and opened the
Hearing. Mr. John Corbett of W/S Development Associates indicated that his company
was working with a development client who needs a large number of parking spaces on
their site, and needs to have a slightly higher impervious surface ratio (paving to green
space) than is allowed in the Shopping and Personal Service District.
Alton Palmer, PE of Gorrill-Palmer Consulting Engineers, Inc., reviewed the
history of this area and the construction of Home Depot in 1997. The property proposed
to be rezoned is the remaining land in that project, plus three lots in the Webber Interstate
Park Development. The potential development client wants a high ratio of parking to
floor area, and General Commercial and Service District allows 75% impervious
development on a lot.
Chairman Fournier asked for any other proponents, there being none, he asked for
any opponents. Again there being none, he closed the public hearing and asked for Staff
comments. Katherine Weber, Planning Officer, indicated that the request was for a zone
change from Shopping and Personal Service District to General Commercial and Service
District for approximately 11.34 acres. This area is planned for commercial
development, and the zone change request is consistent with the Comprehensive Plan
2000. Ms Weber indicated that Staff recommends that the Board recommend approval
of Council Order # 02-275 to the City Council.
Mr. Wheeler moved to recommend C.O. # 02-275 to the City Council. Associate
Member King seconded the motion, and the Board voted 4 to 0 to recommend C.O. # 02-
275, a zone change from Shopping & Personal Service District to General Commercial
and Service District, for the applicant, W/S Development Associates.
Item No. 2: Conditional Use/site Development Plan Approval for construction of
a 7,128 sq. ft. building for auto service use located at 1261 Hammond
Street in a General Commercial and Service District. The Battery
Associates applicant.
Chairman Fournier opened the Public Hearing. Mr. Al Belanger, the applicant,
indicated that he operated a wholesale battery and tire business, and intended to open a
retail store at this location. Chairman Fournier asked for any proponents; and there being
none, he asked for opponents. Again there being none, he closed the Public Hearing and
asked for staff comments.
Planning Officer Weber indicated that the application is for a retail auto service
use that is a conditional use in the General Commercial and Service District. The District
has two specific standards for such uses relating to queuing and parking on-site. Ms.
Weber noted that the proposal also needs to meet the Standards for Conditional Uses in
Section 165-9. Staff recommended that the Board find that the proposal meets the
standards of conditional use, as well as, site development plan approval. Ms. Weber
requested that the Board have two votes, one on the Conditional Use application, and one
on the Site Development Plan.
Mr. Gurette asked if the applicant could clarify the location of the site. Fred
Marshall of Plymouth Engineering indicated that the site is across from Greenway
Equipment and Adco Supply Company. Mr. Gurette asked how the site would handle
storm water. Mr. Marshall explained that the paved area would be surrounded by a stone
edge that would act as a level spreader, and limit channelized flow off of the parking lot.
Mr. Gurette asked if the auto repair shop would have any devices to separate automotive
fluids from other stormwater. Mr. Marshall indicated that they were not going to do any
repairs involving vehicle liquids such as oil changes or cooling systems.
Mr. Gurette moved to grant Conditional Use approval. Mr. King seconded the
motion. The Board 4 to 0 to approve the Conditional Use application of The Battery
Associates. Mr. Gurette moved to grant Site Development Plan approval. Mr. King
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seconded the motion. The Board voted 4 to 0 to approve the Site Development Plan for
The Battery Associates to construct a 7,128 sq. ft. building for auto service located at
1261 Hammond Street.
APPROVAL OF MINUTES
Item No. 3: Planning Board Approval
This item was moved to the end of the Agenda. Chairman Fournier indicated the
minutes of July 2, 2002 were in order for approval. Mr. Wheeler moved to approve the
minutes as written. Mr. Gurette seconded the motion, and the Board voted 4 to 0 to
approve the Minutes of July 2, 2002 as written.
Item No. 4: Site Development Plan Approval to fill and grade property located at
733 Odlin Road in an Industry and Service District. Glendon
Robinson, applicant.
Mr. Richard Day, of Plisga & Day, indicated that he was representing Mr.
Glendon Robinson in his Fill & Grade application. The applicant is requesting approval
for a filled area covering approximately one-half acre. Mr. Day indicated that the
applicant was made aware of extensive filling taking place on the property, and quickly
sought to get the proper approvals.
Mr. Gurette asked if any improper materials had been dumped at the location.
Mr. Day indicated that while some construction debris, concrete and asphalt had been
dumped, these materials did not pose a hazard, and could be used as fill material.
Mr. King noted it was disheartening to see an application before the Board that
had already been undertaken without the proper permits. He noted that property owners
would be well advised to check with the Code Enforcement Office prior to undertaking
any land use activities. Mr. Day explained that as soon as the applicant became aware of
the violation, he took quick action to remedy it.
Chairman Fournier asked for Staff comments. Ms. Weber indicated that the Fill
and Grade Plan was in order; and that the Planning and Engineering Staff had reviewed it,
and recommended Site Development Plan approval.
Mr. King inquired when the filling had started. Mr. Day responded that it likely
occurred in the fall, but that the applicant was not made aware of the situation until this
spring. Mr. Day also noted that Mr. Robinson did not reside on the site, nor even in
Bangor.
Mr. Wheeler moved to approve the Fill and Grade Plan application of Glendon
Robinson. Mr. King seconded the motion, and the Board voted 4 to 0 to approved the
Fill and Grade Plan.
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Item No. 5: Final Subdivision Plan Approval for a 9-lot subdivision located on
Ohio Street in a Low Density Residential District and a Resource
Protection District. Bean Real Estate Company, applicant.
Mr. Richard Day of Plisga & Day indicated that he represented Bean Real Estate
in this Final Subdivision Plan application. The proposal is to create nine lots off of Ohio
Street on a 14.2-acre parcel in a Low Density Residential District and Resource
Protection District. Mr. Day indicated that they had worked with the City Staff to resolve
issues raised in the Preliminary Plan review process. These issues included analysis of
soil stability, stormwater drainage easements, and drainage easements.
Mr. Day indicated that he was in agreement with the Staff Memorandum that
recommended that conditions of approval be linked to the improvement guarantee and the
roadway and drainage easements. He noted that these improvement and easement
guarantees should easily be accomplished in the 120-day time frame.
Mr. Gurette asked about the proposed density of the development. Mr. Day
indicated that a much higher density could have been achieved with smaller lot sizes and
public sewer service. Mr. Day explained that the proposed plan would fit well with the
rural setting along the Kenduskeag Stream. Mr. Day indicated that State Shoreland
Zoning Standards would protect those areas in the Resource Protection District from
development. Furthermore, these standards will limit what activities can take place and
provide detailed performance standards for activities in the Shoreland Zone. The City
will retain the right to maintain the drainage channels.
Mr. King asked what information could be provided on the on-site waste disposal
systems and stormwater drainage system. Mr. Day indicated that David Moyse, a soil
scientist and licensed site evaluator, did test pits on all lots to demonstrate that each lot
can support a septic system. This information was provided to the City.
Chairman Fournier asked for Staff comments. Ms. Weber indicated that the Staff
was satisfied that the issues raised in the Preliminary Plan review process have been
addressed adequately in the Final Subdivision Plan. Staff recommended Final Plan
approval with the conditions that the improvement guarantee be acceptable in the form
and amount satisfactory to the City Solicitor’s Office, and that the roadway deed and
related drainage slope easements are executed and in an acceptable form.
Planning Officer Weber noted that this subdivision proposal would help
implement the City’s housing policy that recommends the creation of additional housing
opportunities in Bangor. Mr. Wheeler noted that the development of the nine lots would
likely bring sizeable annual revenue to the City in real estate taxes.
Mr. Guerette moved to approve the Final Subdivision Plan for Bean Real Estate
with the condition that the proposed improvements guarantee, roadway deed, and
associated stormwater easements be acceptable to the City Solicitor’s Office and
executed within 120 days of approval. Mr. Wheeler seconded the motion, and the Board
voted to approve the final plan 4 to 0.
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Item No. 6: Site Development Plan Approval to construct 28,340 square feet of
additional impervious area for loading and maneuvering at the
existing building located at 1491 Hammond Street in a General
Commercial and Service District. Gregory Lovley, applicant.
Mr. Don Becker, PE with Civil Engineering Services, Inc., representing Greg
Lovley provided the Board with a brief history of the project. He explained that the
building was expanded in late 2001 to accommodate the warehouse needs of Old Town
Canoe. To facilitate rapid construction in December, the expansion of paved areas was
delayed until this summer. Some problems with the site contractor occurred and erosion
controls were not adequately put in place. Mr. Becker indicated that the applicant has
provided all the recently requested information to the City Staff, and he believes that the
application is now in order for approval.
Mr. Gurette asked Mr. Becker to indicate where the erosion problems were
occurring on the site. Mr. Becker indicated these areas on the Site Plan adjacent to the
stormwater detention pond.
Ms. Weber indicated that the Site Plan added new impervious areas to the site. In
addition, the plan provides for landscaping and physical separation between those areas
and the adjacent landscaped lawn. Ms. Weber indicated that the Site Plan now provided
the drainage and erosion details requested, as well as, the additional delineation of gravel
and landscaped areas. She indicated that Staff would now recommend site plan approval.
Mr. King moved to approve the revisions for the Old Town Canoe site, Greg
Lovley applicant. Mr. Wheeler seconded that motion, and the Board voted 4 to 0 to
approve the Site Development Plan.
Item No. 7: Site Location of Development Modification/Site Development Plan
Approval to construct three storage buildings and 2,600 feet of access
road at Bangor International Airport in an Airport Development
District. Maine Air National Guard, applicant.
Major Eric Johns, the Base Environmental Engineer, explained the Air Guard’s
proposed expansion to the Board. With Major John’s was Calen Colby, PE of OEST
Associates, Lieutenant Scott Young (Base Civil Engineer), and First Lieutenant Phil
Winchester (Deputy Base Civil Engineer). Major Johns explained that the new buildings
would house munitions for small arms of the type used by the on-site security personnel.
Major Johns explained that the property was leased from the City to the Federal
Government, and the proposed construction would constitute a revision of the City’s Site
Location of Development permit. Major Johns explained that, in addition to State and
local permits, the Air Guard’s proposed project had been reviewed by the Air Force.
Chairman Fournier asked Ms. Weber for Staff comments. Planning Officer
Weber indicated that the application was for both local Site Development Plan Approval
and for Site Location of Development Act Approval under delegated authority. Being on
the BIA property and part of the City’s SLODA, the City was especially cautious that the
project met the applicable state and local codes.
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Mr. Wheeler moved to approve the Modification to the Site Location of
Development Permit. Mr. Gurette seconded the motion, and the Board vote 4 to 0 to
approve the modification to the City’s SLODA for the Air National Guard project.
Mr. Wheeler moved to approve the Site Development Plan for the Air National
Guard project. Mr. Gurette seconded the motion, and the Board voted 4 to 0 to approve
the Site Development Plan.
OTHER BUSINESS
Planning Officer Weber indicated that staff would be bringing forward a proposed
Ordinance amendment to the review standards section of the Land Development Code.
The proposed amendment would address the constitutionality issue raised by the Law
Court in the Widewaters litigation, and provide the Board with improved review
standards for all future development proposals. She noted that the Board would have the
opportunity to discuss the proposed revisions to the Ordinance standards at the next
meeting.
ADJOURNMENT
There being no further items for discussion, the meeting adjourned at 7:50 p.m.
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