HomeMy WebLinkAbout2002-06-18 Planning Board Minutes
PLANNING BOARD OF THE CITY OF BANGOR
MEETING OF JUNE 18, 2002
MINUTES
Board Members Present: Richard Fournier, Chairman
David Clark
Harold Wheeler
William Masters
Ryan King
City Staff Present: Katherine Weber
James Ring
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 Guerette and Costlow, Associate Members Masters and King
would be voting.
Chairman Fournier asked if any member wished any items to be removed from the
Consent Agenda. There being none requested, Harold Wheeler moved that the Consent Agenda
be approved, and Ryan King seconded the motion. The Board voted 5 to 0 to approve the
Consent Agenda. Those items approved were the following:
CONSENT AGENDA
Item No. 1: Request to extend the starting and completion dates to construct a 12,000 sq.
ft. retail building at 700 Stillwater Avenue in a Shopping and Personal
Service District. Three Rivers Development Corp., applicant.
Item No. 2: Site Development Plan Approval to construct two, four-unit apartment
buildings at 63V and 69V Fieldstone Drive in a High Density Residential
District. Ralph McPherson, applicant.
Item No. 3: Site Development Plan approval to construct two, four-unit apartment
buildings at 74V and 80V Fieldstone Drive in a High Density Residential
District. Thomas and Tammy Higgins, applicants.
PUBLIC HEARINGS
Item No. 4: To amend the Land Development Code by changing a parcel of land located
at 1520 Union Street from Rural Residence and Agricultural District to
Government and Institutional Service District. Said parcel containing
approximately 45,000 square feet. Hope Lutheran Church, applicant. C.O.
# 02-246.
Chairman Fournier explained the format for the public hearing and opened the Hearing.
Joe Cockey, Vicar of the Hope Lutheran Church, indicated that it was the Church’s intent to
purchase the building and use it for worship services. Chairman Fournier asked for other
proponents. There being none, he asked for any opponents. Again there being none, Chairman
Fornier asked for Staff comments.
Katherine Weber, Planning Officer, indicated that the request was for a zone change
designation from Rural Residence and Agriculture (RR&A) to Government and Institutional
Service (GC&S). Ms. Weber noted that the church is a conditional use in the RR&A District,
and would be a permitted use in G&ISD. The current Lodge meeting hall is a nonconforming
use in the RR&A District, but would be a permitted use in the G&IS District. Ms. Weber
recommended that the Board make a positive recommendation to the City Council on C.O. #02-
246.
Associate Member Ryan King asked if the Church anticipated generating traffic, and if it
would be able to meet its parking needs on-site. Mr. Cockey indicated that the Church had about
35 parishioners, and that the property can accommodate approximately 18 cars in the existing
gravel parking lot.
Chairman Fournier closed the Public Hearing, and called for a motion. David Clark
moved to recommend to the City Council adoption of C.O. #02-246. Harold Wheeler seconded
the motion, and the Board voted 5 to 0 to recommend adoption of C.O. #02-246 by the City
Council to rezone the property at 1520 Union Street from Rural Residence and Agriculture
District to Government and Service District.
Item No. 5: Conditional Use/site Development Plan Approval for construction of a 12’ x
24’ building to house radio and other related equipment and placement of
cellular equipment at the Water Tower site located on Essex Street in a
Government and Institutional Service District. U. S. Cellular, applicant.
Mr. Bill Goldthwaite of Mericom indicated that he was representing US Cellular in
seeking approval of their additional cellular transmitters on the Bangor Water District’s water
towers off of Essex Street. Mr. Goldthwaite explained that the project consists of adding three
transmitters to the side of the existing water tower, and constructing a small, 12’ x 24’ building
to house equipment. Mr. Goldthwaite indicated that the site would meet the existing “B” Buffer
standards. He explained that the proposed public utility use should have a very low impact on
the surrounding neighborhood. The transmitters would only require electrical utility service, and
periodic maintenance would be approximately once a month.
Mr. Wheeler asked where other US Cellular Towers were located in Bangor. Mr.
Goldthwaite indicated that the company had a tower in the Bomarc Industrial Park and on the
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Verizon Building on Park Street. Ryan King asked what style of architecture the building would
be. Mr. Goldthwaite indicated that the building was a premanufactured building specifically
designed for housing electronic equipment.
Chairman Fournier asked for any proponents. 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 public utility uses are a conditional use in the Government and
Institutional Service District. This district has specific standards for utility structures relating to
adverse impacts on adjacent residential properties. She noted that the proposal provides an
excellent opportunity to co-locate two public utility uses at one site. Ms. Weber noted that the
proposal also needs to meet the general Standards for Conditional Uses in Section 165-9.
Planning Staff recommended that the Board find that the proposal meets the standards for
granting conditional use, as well as, site development plan approval.
Ms. Weber requested that the Board take two votes; one on the conditional use, and the
other on the Site Development Plan. Mr. King moved to grant conditional use approval. Mr.
Clark seconded the motion. The Board 5 to 0 to approve the Conditional Use application of US
Cellular. Mr. Wheeler moved to approve the Site Development Plan for the US Cellular project.
Mr. King seconded the motion, and the Board voted 5 to 0 to approve the Site Development Plan
for US Cellular on Essex Street.
Item No. 6: Preliminary Subdivision Plan approval for a six-lot, 15-acre subdivision
located on Outer Essex Street in a Rural Residence and Agriculture District.
Keven Ireland, applicant.
Mr. David Moyse of Moyse Environmental indicated that he was representing Mr. Keven
Ireland for his proposed 6-lot subdivision proposal. Mr. Moyse indicated that Project Engineer
Jim Sieler, and Project Surveyor Stan Plisga were also present to answer questions. Mr. Moyse
went over the history of this land. Mr. Moyse indicated that the area to be developed was 15
acres with an average lot size being 2 acres. A 1,200-foot roadway will access the lots from
Essex. Street. All of the lots would utilize on-site waste disposal systems and individual wells.
Mr. Moyse indicated that the development would be in keeping with the existing rural character
of Essex Street. Mr. Moyse indicated that they anticipated that mid-range priced ($250,000 to
$300,000) homes would be built.
Chairman Fournier opened the Public Hearing, and asked for any proponents. Mr. Paul
Bolin, 1637 Essex Street, indicated that he was an abutter to the proposed subdivision and
believed that it was well-designed and in keeping with the neighborhood. He stated that the
Ireland’s have hired very professional designers, and have taken every reasonable precaution to
ensure a quality development. Mr. Roger Huber, 139 Fox Hollow, said that it was an excellent
subdivision plan. He indicated that it is consistent with the development of the Hill Brook
Subdivision, and would urge the Planning Board to approve the development.
Chairman Fournier asked for any opponents. Mr. Edward Gould, Esquire of Gross-
Minsky-Mogul, indicated that he was representing Mr. Mark Sampson of 1681 Essex Street.
Attorney Gould indicated that his client was concerned that the application did not adequately
address water quality as indicated in Title 30A, Section 4404 of the Maine State Subdivision Law.
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Attorney Gould indicated that while the applicant did submit information on water
quantity, no information was provided on quality. Given the adjacent grazing area, there may be
potential for E-Coli contamination. He recommended that the Board continue the application
until such information could be provided.
Attorney Gould indicated that his second client’s second concern was the impact that this
development would have on scenic quality. Section 4404 requires that the Board make a
determination that the project will not have an undue adverse scenic impact. No information has
been provided on the impacts of the project on the area’s scenic qualities. In his client’s opinion,
the development would have an impact on the existing scenic character of the area. Attorney
Gould also requested that the Board conduct an independent evaluation of the wetlands on the
site. He noted that if the Board was not going to deny the plan based on those details, they should
table it pending the submission of additional information.
Member Wheeler asked if they had proposed that the water be tested prior to
development, and what would cause them to think that the water quality would be poor. Attorney
Gould indicated that it was the Subdivision Statute that required the Board to make a finding of
sufficient water. It is the applicant’s burden to satisfy the Board on this issue.
Chairman Fournier asked if maybe the water quality testing should be done at the time of
house construction, and not at this time. Attorney Gould agreed, in part, on the timing of the
testing, and inquired how long the Board wanted to wait until addressing the issue of water
quality. The Subdivision Law directs the Board to review that question prior to approval.
Bernie Kubetz, 317 Fox Hollow, indicated that when he built his home, he did have the
water tested prior to drilling his well. He did note that he was within sight and sound of the
Bryce’s cows. He also noted that he presumed that the existing trees at the back of Lot 6 would
remain as a buffer or visual screen.
Anne Marie Orr, 1681 Essex Street, indicated that she did not see how the Board could
allow such wetland impacts when, only a few months earlier, the Planning Board condition on the
property was for zero wetland impacts. Once the trees are cut and the wetlands are filled, they
cannot be brought back. This alteration will have a lasting impact on the community. She asked
the Board to act only after all the details have been verified.
Chairman Fournier asked for Staff comments. Katherine Weber, Planning Officer,
indicated that the proposal before the Board was for a Preliminary Subdivision Plan approval for a
15.28-acre, six-lot residential subdivision. All of the proposed lots will have adequate street
frontage, and adequate lot area. The City Engineer’s Office has reviewed stormwater impacts and
erosion control measures, and finds them adequate.
Mr. Wheeler asked why the Board should not be comfortable with the proposed wetland
alteration if the project had received approval from the Department of Environmental Protection
to fill approximately 5,028 square feet of wetlands. Ms. Orr indicated that she had spoken with
the DEP, and was not satisfied with their review of the application. She said that no one from
DEP had visited the site.
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Mr. Moyse responded to a few of the issues raised in the discussion. He indicated that
there are presently no water quality issues in the watershed that includes the Hillbrook
Subdivision and Ireland’s proposed subdivision. His group had also reviewed State databases of
unusual natural areas, and found none to be present in this area. There are no archaeological or
historic sites according to State databases for the site.
Mr. Moyse indicated that he had 17 years of experience in soils and wetland delineation.
The proposed filling of 5,000 square feet of wetlands is a relatively small amount. A Tier I
permit from DEP does not require wetland delineation. Mr. Moyse indicated that the wetlands on
the site have seen a lot of human intervention and disturbance which include mowing and
ditching.
Cynthia Bryce, 1593 Essex Street, noted that the cows mentioned are beef cattle. She
indicated that the development of the property would forever change the character of the area
from open farm land to that of a housing development.
Mr. Wheeler indicated that, given the State’s approval on the wetland issue, he was
comfortable with the project. He went on to state that, should someone feel otherwise, they
would have an avenue of appeal. Mr. Wheeler moved to approve the Preliminary Subdivision
Plan. Mr. Masters seconded the motion, and the Board voted 4 to 1 to approve the Preliminary
Plan as presented.
APPROVAL OF MINUTES
Chairman Fournier indicated that he had not received the minutes, and would table the
approval of minutes of the June 4, 2002 meeting until the next meeting.
OTHER BUSINESS
Planning Officer Weber indicated that there would be an up coming workshop with the
Planning Board and the City Council to discuss transitional areas in the area. Mr. Wheeler
asked if these transitional areas included any areas near St. Joseph Hospital. Ms. Weber
indicated that this area was one of twenty-one areas that have been identified as in some form of
transition within the City.
The Board discussed the possibility of postponing the July 2, 2002 meeting since it will
be close to the Fourth of July holiday. Planning Officer Weber indicated that summer is a busy
time for applications, and that there is a need to process the applications and bring them to the
Planning Board in a timely fashion.
ADJOURNMENT
There being no further items for discussion, the meeting adjourned at 8:07 p.m.
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