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HomeMy WebLinkAbout2001-02-06 Planning Board Minutes PLANNING BOARD OF THE CITY OF BANGOR MEETING OF FEBRUARY 6, 2001 MINUTES Board Members Present: Richard Fournier, Chairman George Burgoyne Frederic Costlow Robert Kreitzer Robert Lingley City Staff Present: Katherine Weber Rodney McKay David Gould James Ring John Hamor News Media Present: Bangor Daily News Chairman Fournier called the meeting to order at 7:00 p.m. In the absence of Board Member Bostwick, Associate Member Kreitzer voted. CONSENT AGENDA As no one wished to remove any of the items for discussion, the Chairman called for a motion. Mr. Lingley made a motion to approve the Consent Agenda Mr. Burgoyne Seconded the motion. Mr. Costlow indicated he had a potential conflict with GE so he would not vote on the motion. The Board agreed to allow member Costlow to abstain. The Consent Agenda was passed 4-0. Item No. 1: Site Location of Development Modification/ Site Development Plan Approval to construct a 73,600 sq. ft. building located on Griffin Road and to construct three additions, totaling 23,600 sq. ft. to existing buildings located on Florida Avenue and Griffin Road located in an Airport Development District. General Electric/City of Bangor, applicants. Item No. 2: Site Development Plan Approval to construct a 6,000 sq. ft. storage facility located at 765 Odlin Road in an Industry and Service District. Lane Construction Company, applicant. PUBLIC HEARINGS Item No. 3: Conditional Use/Site Development Plan Approval to construct a 2,710 sq. ft., 5-bay self-service car wash located on the corner of State Street and Hogan Road in a Shopping and Personal Service District. Kurt Thomas, applicant. Chairman Founier opened the public hearing and asked for proponents. Kurt Thomas, the applicant, explained to the Board that the proposed car wash was similar to two existing facilities he had, one on Griffin Road and one on Route 1A in Hampden. No one spoke in opposition. Chairman Bostwick asked for Staff comments. Planning Officer Weber indicated that the Staff had found the plan consistent with the development standards provided the engineering details were corrected to the satisfaction of the engineering office. She also indicated the Board needed to review the standards for granting a conditional use. Chairman Founier asked for any questions. Mr. Lingley asked whether the project had access from State Street or Hogan Road? Mr. Thomas indicated access was from State Street. Mr. Lingly asked if the external oil-water separator was a complicated and costly element to add. Mr. Thomas indicated it was not very complicated, being a large concrete tank with chambers and baffles to separate oil and grit from the wastewater. Chairman Fournier closed the public hearing and asked for a motion. Mr. Costlow moved to approve the conditional use request as it met the conditional use standards of the Chapter 165-9A and those as outlined in the Staff Memorandum. Mr. Lingley seconded the motion. The Board voted 5 to 0 in favor. Mr. Costlow moved to approve the site development plan. Mr. Lingley seconded the motion, which carried 5 to 0. Item No. 4: To amend the Land Development Code by changing parts of parcels of land located on Outer Broadway (just beyond 1365 Broadway) from High Density Residential District to General Commercial and Service District. Said parts of parcels containing approximately .34 acres. J. A. Benson, DVM and City of Bangor, applicants. C.O. # 01- 97. Chairman Fournier opened the public hearing. Dr. Benson explained to the Board that the proposed rezoning was an oversight in the initial application. The area proposed for the zone change is encumbered by a pipeline easement and likely cannot be developed. No one spoke in opposition. Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that the area to be rezoned was very small, .34 acres. Part of the land was partially covered by pipeline easement and the remaining land once served a water booster pumping station. Staff had found the rezoning consistent with the zoning in the area and Comprehensive Plan and recommended that the Board recommend it to the City Council. Chairman Fournier closed the public hearing and asked for a motion. Mr. Lingley moved to recommend to the City Council that the proposed rezoning be approved. Mr. Costlow seconded the motion. The Board voted 5 to 0 in favor. Item No. 5: To amend the Land Development Code by changing parts of parcels of land located off Stillwater Avenue adjacent to the Penjajawoc Stream from Rural Residence and Agriculture, Shopping and Personal Service District and Stream Protection District to Resource Protection District. Said parts of parcels containing approximately 4.5 acres. City of Bangor, applicant. C.O. # 01-96. Chairman Fournier opened the public hearing. Mrs. Susan Harris inquired why additional land area should be rezoned to Resource Protection. Mr. Burgoyne indicated that previous testimony had been presented in the summer and fall as to the unique natural area and diversity of wildlife and plant habitat in this area which made it unique and deserving of consideration of additional protection. He indicated while the final decision is yet to be made, a discussion should occur so all parties could have input. He further noted that once an application is before the Board they have to act on it based on the zoning “in-place “ at that time. It’s unfair to change the standards in the middle of the game. Lucy Quimby, representing B.A.C.O.R.D., indicated that this proposed rezoning was a move in the right direction. While some State and Federal programs protected wetlands only local, municipal entities could protect adjacent uplands, which have a significant value to maintaining the wetland itself. David Rudnicki inquired as to where, specifically, the area to be rezoned was located. Planning Officer Weber indicated on the wall exhibit where the rezoning was located. She went on to describe the history of Resource Protection in this area and the Department of Environmental Protection’s latest correspondence and Board Order concerning minimum Shoreland Zoning Standards. Edmond Bearor, Esquire, representing CABREL, indicated that the change to 75 feet from the edge of the wetland would rezone a portion of the Jo-Anne Fabrics building as Resource Protection. Chairman Fournier asked for Staff comments. Planning Officer Weber indicated that the area to be rezoned was dictated by the DEP based on their evaluation of the Land Development Code. The proposed change is to include those areas adjacent to the Penjajawoc Stream measuring seventy-five (75) feet from the upland edge of the freshwater wetland. : Planning Officer Weber noted that the area under consideration for rezoning from Stream Protection to Resource Protection was once previously Resource Protection. Her impression was that DEP was aware of the impacts of the rezoning and was quite adamant about its adoption. Ed Bearor indicated he had talked with Valerie Whitter of the DEP who indicated a willingness to review the implications of the rezoning on the Jo-Ann Fabric’s building. Attorney Bearor requested that the Board continue their review another two weeks to allow him more time to review this. Member Costlow was concerned that any delays could allow projects to proceed under the existing zoning and not provide the minimum level of protection that the resource needs. Attorney Bearor indicated that any applicant would be “on-notice” that the zoning was going to be amended and the Board should not have concern about the details of timing and submissions. Mr. Costlow respectfully disagreed. Member Burgoyne moved to table. There being no second the motion died. Member Costlow moved to recommend the City Council adopt Council Order 01- 97. Robert Lingley seconded the motion which passed 4-1. APPROVAL OF MINUTES Item No. 6: Planning Board Approval of Minutes of January 2, 2001 Meeting. The minutes of the January 2, 2001 Meeting were unanimously approved as printed. NEW BUSINESS Item No. 7: Site Development Plan Approval for an 8’ x 32’ office trailer, 2 storage trailers, a 6,000 gallon above-ground seal coating tank and a 36’ x 42’ garage located at 790V Odlin Road in an Industry and Service District. Blaine and Carol Harvey, applicants. Planning Officer Weber noted that the applicant had requested this item be continued to the next regular meeting. The Staff would recommend the Board grant that continuance. The Board voted 5-0 to continue the application. The Meeting Adjourned at 7:52pm